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 Minnesota, an action to quiet title, also known as a quiet title action, is a legal proceeding used to establish a party's title to real property, thereby 'quieting' any challenges or claims to the title. This type of lawsuit is brought to remove a cloud on the title so that the plaintiff and subsequent purchasers can be confident of the plaintiff's ownership. Minnesota Statutes Chapter 559 governs actions relating to the recovery of real estate, including quiet title actions. Under Minnesota law, a person in possession of real property can bring an action against another who claims an estate or interest therein, or lien upon it, for the purpose of determining such estate, interest, or lien and quieting the title to the property. The action is typically used to clear defects in the title, conflicting boundary lines, claims by adverse possessors, or any other disputes over the property's title. It is important to note that the specific procedures and requirements for a quiet title action may vary depending on the details of the case, and it is advisable to consult with an attorney for guidance on the matter.