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 Nebraska, 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 the property or if there is a need to clarify the legal title. Nebraska statutes provide the framework for these actions under the Nebraska Revised Statutes, specifically Chapter 25, which deals with courts and civil procedure. The statutes outline the process for filing a quiet title action, including who may file, the necessary pleadings, and the potential judgments that can be rendered by the court. It is important to note that while the term 'trespass to try title' is commonly used in some states, in Nebraska, the action is typically referred to as a 'quiet title' action. An attorney can help navigate the specific legal requirements and procedures to ensure that a property owner's title to their land is clearly established and protected under Nebraska law.