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 Georgia, a trespass to try title action, more commonly referred to as a quiet title action, is a legal proceeding used to establish a party's title to real property against anyone and everyone, and thus 'quiet' any challenges or claims to the title. This type of action is governed by Georgia state statutes under the Official Code of Georgia Annotated (O.C.G.A.) §§ 23-3-40 to 23-3-62. The purpose of a quiet title action is to clear the title of any liens, claims, or encumbrances, thereby providing a clear and marketable title to the property owner. The plaintiff in a quiet title action is required to notify all potential claimants to the property, who then have the opportunity to assert their own claims. If these claimants fail to establish a valid interest in the property, they can be barred from later asserting a claim. The court's judgment in a quiet title action is binding and conclusive, effectively settling the title dispute. It's important to note that the specific procedures and requirements for a quiet title action can be complex, and an attorney with experience in real estate law would be able to provide guidance tailored to the individual case.