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 Florida, 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 remove any clouds on the title. This type of lawsuit is governed by Florida Statutes, specifically Chapter 65, which outlines the procedures for quieting title. The plaintiff in a quiet title action seeks a court judgment that validates their title to the property and extinguishes any competing claims. The action requires the adverse claimant (defendant) to provide proof of their claim to the property. If they cannot establish a valid interest, they are barred from later asserting a claim to the property. This process ensures that the title to the property is clear and marketable, which is essential for transactions involving the property. It is important for individuals involved in such disputes to consult with an attorney to navigate the complexities of real property law and to effectively assert or defend their property rights.