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 Missouri, an action to quiet title, also known as a 'quiet title action,' is a legal proceeding used to establish or settle an individual's title to real property and to remove any clouds on the title. This type of lawsuit is brought to clear the title of any liens, claims, or encumbrances that may affect the ownership of the property. The plaintiff in a quiet title action seeks a court judgment that validates their title to the property and negates any other claims. Missouri's statutes governing quiet title actions can be found under Chapter 527 of the Missouri Revised Statutes. While the term 'trespass to try title' is more commonly used in other states, such as Texas, in Missouri, the action is typically referred to as a quiet title action. The process involves filing a petition in the circuit court in the county where the property is located, and it may require serving notice to any adverse claimants. The court will then determine the validity of the various interests claimed in the property and issue a judgment to clarify the rightful ownership.