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 Michigan, an action to quiet title, also known as a lawsuit to establish or confirm ownership of real property, is governed by state statutes and case law. This type of legal action is used when there is a dispute over the ownership of land or when there is a need to clear up any uncertainties or claims against the title. The plaintiff in a quiet title action seeks a court judgment that validates their title to the property and eliminates any adverse claims or interests that others may assert. Michigan law provides the framework for these actions, including the necessary procedures to file a lawsuit, the types of claims that can be made, and the potential remedies. 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 in court.