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 Vermont, an action to quiet title, also known as a quiet title action, is a legal proceeding used to establish or settle an individual's title to real property against anyone and everyone, and thus 'quiet' any challenges or claims to the title. This type of lawsuit is brought to remove a cloud on the title so that the plaintiff and those claiming under him or her may be forever free of claims against the property. The action is governed by Vermont's statutory law as well as case law. Vermont Statutes Title 12, Chapter 155 outlines the process for bringing a quiet title action, including the necessary parties, the complaint requirements, and the potential judgments. The goal of such an action is to provide clear and marketable title to the plaintiff free from any adverse claims. It's important to note that while the terms 'trespass to try title' and 'quiet title' can sometimes be used interchangeably, the specific procedures and terminology may vary by state. In Vermont, the term 'quiet title' is commonly used, and anyone with a potential interest in the property should be named in the lawsuit to ensure that all potential claims are addressed.