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 Mississippi, a trespass to try title action, also known as an action to quiet title, is a legal proceeding where a plaintiff seeks to resolve disputes over land ownership. The plaintiff aims to confirm their title to the property by challenging any adverse claimants to prove their legal interest in the land. If the adverse claimant cannot substantiate their claim, they may be barred from asserting any interest in the property in the future. Mississippi law governs these actions under its statutes and case law. The process is designed to 'quiet' any competing claims and provide clear and undisputed title to the rightful owner. It is important for individuals involved in such disputes to consult with an attorney to navigate the complexities of property law and to ensure that their rights are adequately protected.