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 West Virginia, 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 where a person (the plaintiff) seeks to establish clear ownership of property by obtaining a court order that prevents others (the defendants) from making any subsequent claims to the property. This type of action is used to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed record of ownership. West Virginia law allows individuals to file a suit to quiet title to resolve issues such as boundary disputes, claims of adverse possession, or to clear up any title irregularities or claims by other parties. The specifics of such actions, including the necessary procedures, evidence, and potential defenses, are governed by West Virginia statutes and case law. It is important for individuals involved in such disputes to consult with an attorney to understand their rights and the proper legal channels to address their title concerns.