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Real property

trespass to try title

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 Texas, a trespass to try title action, also known as an action to quiet title, is a legal procedure used to resolve disputes over the ownership of real property. This type of lawsuit is governed by Texas Property Code, specifically Chapter 22, which outlines the process and requirements for bringing such an action. The plaintiff in a trespass to try title action must prove valid ownership of the property in question and seeks to clear any claims or interests that the defendant might assert. The defendant is required to prove their claim to the property, and if they cannot, they are typically barred from asserting any future interest in the property. This legal action serves to 'quiet' any challenges or claims to the title, providing a clear and uncontested title to the plaintiff. It's important for individuals involved in such disputes to consult with an attorney to navigate the complexities of property law and to ensure their rights are protected.

Legal articles related to this topic

Trespass to Try Title: Clearing the Clouds on Real Estate Ownership
When it comes to disputes over real estate ownership, the legal landscape can be complicated and varied. A 'trespass to try title' suit is one of the primary remedies for settling disagreements concerning property title.