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 Wisconsin, an action to quiet title, which is similar to a trespass to try title action, is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is typically filed by someone who already possesses or claims ownership of the property and seeks to obtain a court judgment confirming their title against any other claims. Wisconsin Statutes govern these actions under Chapter 840, specifically sections 840.01 to 840.11, which outline the procedures for bringing a quiet title action. The plaintiff must serve notice to any adverse claimants, who are then required to prove their claim to the property. If they fail to establish their interest, they can be barred from asserting any future claims to the title. The outcome of a quiet title action in Wisconsin is a court order that 'quiets' any challenges or claims to the property, thereby providing clear title to the plaintiff. It's important to note that while the term 'trespass to try title' is not commonly used in Wisconsin, the principles behind the action are encompassed within the state's quiet title procedures.