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 New Jersey, 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 filed by an individual or entity seeking to establish their title to a property and to eliminate any challenges or claims to the title by others. The plaintiff must prove their ownership of the property in question, and the defendant is given the opportunity to present evidence of their claim. If the defendant cannot substantiate their claim, they may be barred from asserting any interest in the property in the future. New Jersey's approach to quiet title actions is governed by state statutes and case law. The New Jersey statutes provide the framework for filing such actions, including the necessary pleadings and the process for serving notice to adverse claimants. The resolution of a quiet title action in New Jersey results in a judicial determination of the rightful owner of the property, thereby 'quieting' any disputes over the title.