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 South Dakota, a trespass to try title action, more commonly referred to as a quiet title action, 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 other parties. This type of lawsuit is governed by South Dakota statutes under SDCL 21-52 (Actions to Determine Adverse Claims), which provides the framework for bringing an action to quiet title. The plaintiff must prove their ownership of the property in question and the court will then adjudicate the respective interests of all parties involved. The outcome is intended to 'quiet' any disputes or claims against the property, thereby providing a clear and undisputed title to the plaintiff. If the adverse claimant cannot prove a valid interest in the property, they will be barred from asserting any future claims to the title. It's important for individuals involved in such disputes to consult with an attorney to navigate the specifics of the law and to effectively present their case in court.