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 Arkansas, a trespass to try title action, more commonly referred to as a quiet title action, is a legal proceeding used to establish or settle the title to real property and to remove any clouds on the title. This type of lawsuit is governed by Arkansas state statutes under the Arkansas Code, specifically Title 18 (Property), which outlines the procedures for filing a quiet title action. The plaintiff in a quiet title action seeks a court judgment confirming their title to the property and eliminating any adverse claims made by others. The defendant, or the party with the adverse claim, is required to prove their claim to the property. If they cannot do so, they are barred from asserting any interest in the property in the future. The resolution of a quiet title action provides a clear and marketable title to the plaintiff, free from any competing claims. It's important to note that the specific procedures and requirements for a quiet title action in Arkansas may be detailed in the statutes and further interpreted by case law, and an attorney can provide guidance on the nuances of pursuing such an action in the state.