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 Nevada, 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 (the plaintiff) who seeks to establish clear title against any other claims to the property by adverse parties (the defendants). The goal is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed ownership record. Nevada's statutes governing quiet title actions can be found in the Nevada Revised Statutes (NRS), specifically NRS Chapter 40, which outlines the procedures for bringing such an action, including the necessary pleadings and potential remedies. The resolution of a quiet title action in Nevada results in a court order that determines the rightful owner of the property and extinguishes any other claims, thereby providing legal certainty to the title holder.