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 Colorado, 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 governed by Colorado Revised Statutes (C.R.S.) Title 38, Property – Real and Personal. Specifically, C.R.S. 38-30-108 to 38-30-113 detail the procedures for bringing 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 or interests that others may assert. The goal is to 'quiet' any challenges or claims to the title, thereby providing clear and undisputed ownership to the plaintiff. If the adverse claimant cannot prove a valid interest in the property, they may be barred from asserting any future claims to the title. It's important to note that while the term 'trespass to try title' is not commonly used in Colorado, the principles behind the action are similar to those of a quiet title action. An attorney experienced in real estate law can provide guidance on the specifics of filing such an action in Colorado.