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 Oregon, an action to quiet title, also known as a suit to remove a cloud, is a legal proceeding used to establish a party's title to real property against anyone and everyone, and thus 'quiet' any challenges or claims to the title. This action is governed by Oregon Revised Statutes (ORS) 105.605 to 105.620. The plaintiff in a quiet title action seeks a court judgment confirming their title and eliminating any adverse interests or claims that others may have in the property. Unlike some states that may use the term 'trespass to try title,' Oregon law typically refers to these proceedings as quiet title actions. The process involves filing a complaint in the circuit court in the county where the property is located, serving all interested parties, and possibly proceeding to a trial if the claim is contested. The outcome of a quiet title action is a judgment that resolves the dispute over the property's ownership and provides a clear title to the plaintiff if they prevail.