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 Oklahoma, a trespass to try title action, more commonly referred to as an action to quiet title, is a legal proceeding where a plaintiff seeks to establish clear ownership of real property and eliminate any challenges or claims to the title by others. This type of lawsuit requires the defendant, who is allegedly asserting an interest in the property, to prove their claim or be barred from future claims to the property. Oklahoma statutes govern quiet title actions under Title 12 of the Oklahoma Statutes, specifically sections 12-1101 through 12-1109. These statutes outline the procedures for filing an action, the necessary parties to be included, and the type of notice required to be given to interested parties. The resolution of a quiet title action results in a judicial determination of the rightful owner of the property, thereby 'quieting' any disputes over the land. It is important for individuals involved in such disputes to consult with an attorney to navigate the complexities of real property law and to ensure their rights are protected.