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 Rhode Island, an action to quiet title, which may be similar to what is known in some jurisdictions as a trespass to try title action, is a legal proceeding used to resolve disputes over the ownership of real property. The purpose of a quiet title action is to establish a party's title to real property, thereby 'quieting' any challenges or claims to the title. This type of lawsuit requires the plaintiff to assert their claim to the property and asks the court to issue a judgment confirming the plaintiff's title and eliminating any adverse claims. Rhode Island's legal framework for these actions is found in its General Laws, and the process is governed by state statutes and case law. The specific procedures and requirements for filing a quiet title action in Rhode Island would be detailed in these laws and interpreted by the courts. It is important for individuals involved in a dispute over property ownership in Rhode Island to consult with an attorney who can provide guidance based on the current state statutes and relevant case law.