A trespass to try title action—sometimes known as an action to quiet title—is a lawsuit against a party who claims an interest in a piece of real property (land).
In a trespass to try title action, the plaintiff seeks to establish the plaintiff’s title (ownership interest) in the land by forcing the adverse claimant (the defendant) to establish or prove an interest in the land or be forever estopped (precluded) from asserting an interest in the land. The resolution of such a lawsuit is designed to settle or quiet a disputed claim to title or ownership of the land.
Laws regarding claims for trespass to try title vary from state to state and may be located in a state’s statutes or in its court opinions (common law or case law). The terms used for such a claim may also vary and in some states there may be a distinction between a trespass to try title claim and a quiet title claim—or a quiet title claim may be treated as an informal reference to a trespass to try title claim.
In Massachusetts, an action to quiet title, which may be similar to what is known in some jurisdictions as a trespass to try title action, is a legal proceeding used to resolve disputes over the ownership of real property. This type of action is governed by Massachusetts General Laws Chapter 240, Sections 1-10. The purpose of a quiet title action is to establish a party's title against various claims and interests of others. It allows the plaintiff, who is the party seeking to clear the title, to obtain a court order that legally settles the ownership of the property in question and eliminates any challenges or claims to the title by others. In these proceedings, the court examines the evidence presented by all parties and determines the rightful owner of the property. Once the court makes a decision, it issues a judgment that serves to 'quiet' any competing claims, ensuring that the plaintiff's title is legally recognized and free from disputes. It's important to note that the specific procedures and requirements for filing a quiet title action in Massachusetts may be detailed in the statutes and further interpreted by case law, and an attorney can provide guidance on the process.