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 North Dakota, an action to quiet title, which is similar to a trespass to try title action, is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is typically filed by someone who believes they have a superior claim to the property and seeks a court judgment affirming their title against any other claims. North Dakota Century Code (NDCC) Chapter 32-17 provides the statutory framework for quiet title actions in the state. The plaintiff must serve all parties who may have an interest in the property with the lawsuit, and the court will then determine the rightful owner based on the evidence presented. If the plaintiff is successful, the judgment will 'quiet' any challenges or claims to the title, providing clear and marketable title to the plaintiff. It's important to note that the specific procedures and requirements for a quiet title action may vary, and an attorney can provide guidance tailored to the individual circumstances of the case.