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 York, an action to quiet title, also known as an action to remove a cloud, is the legal process used to resolve disputes over the ownership of real property and establish a party's title to land. This type of lawsuit is governed by Article 15 of the New York Real Property Actions and Proceedings Law (RPAPL). The plaintiff in a quiet title action seeks a court judgment that confirms their title to the property and eliminates any challenges or claims by others. The action can be brought against anyone claiming an interest in the property, including lienholders or other claimants. The resolution of a quiet title action results in a clear and marketable title, free from any competing claims. It's important to note that while the term 'trespass to try title' is not commonly used in New York, the concept is similar to the quiet title action as it seeks to resolve disputes over property ownership and establish clear title.