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 Arizona, an action to quiet title is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is filed by someone who claims to have clear ownership of the property and seeks a court judgment to remove any other claims or interests that might cloud their title. The purpose of a quiet title action is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed record of ownership. Arizona's statutes governing quiet title actions can be found under Title 12 of the Arizona Revised Statutes, specifically ARS § 12-1101 et seq. These statutes outline the procedures for filing a quiet title action, including the necessary pleadings, the parties that must be named in the lawsuit, and the potential outcomes. It is important for plaintiffs in Arizona to follow these statutory requirements closely to ensure the validity of their quiet title action. If someone believes their title to a property is being challenged or is unclear due to the claims of others, they should consult with an attorney who is experienced in real estate law to discuss the possibility of filing a quiet title action.