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 Maryland, an action to quiet title, also known as a quiet title action, is a legal proceeding used to establish or settle an individual's claim to real property against anyone and everyone, and thus 'quiet' any challenges or claims to the title. This type of lawsuit is necessary when there is a dispute over the ownership of a piece of land, such as conflicting claims of ownership, uncertainty due to a poorly described or unclear property boundary in a deed, or issues with the title that could affect the owner's rights. Maryland's courts will look at the evidence presented by the plaintiff and any defendants to determine the rightful owner of the property. The outcome of the action is to provide a clear and indisputable title to the plaintiff if they prevail. Maryland's approach to these actions is governed by state statutes and case law. It is important to note that while the term 'trespass to try title' is used in some jurisdictions, in Maryland, the common reference is a 'quiet title action.' An attorney specializing in real estate law would be able to provide specific guidance and representation in such matters.