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 Connecticut, an action to quiet title, also known as a quiet title action, is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is brought by someone who already possesses or claims an ownership interest in the property and seeks to obtain a court judgment confirming their title against any other claims. The Connecticut General Statutes under Title 47 - Land and Land Titles, specifically Chapter 846 - Quieting Title to Land, Adverse Possession, contain provisions related to such actions. The purpose of a quiet title action in Connecticut is to 'clear' the title of any liens, claims, or encumbrances, thereby providing a 'quiet' title to the plaintiff free from any challenges. This legal action ensures that the plaintiff's title to the property is indisputable, preventing others from asserting a right to the property in the future. It's important to note that while the term 'trespass to try title' is used in some jurisdictions, in Connecticut, the common reference is a 'quiet title' action, and it serves a similar purpose of resolving disputes over property ownership.