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 North Carolina, a trespass to try title action, more commonly referred to as an action to quiet title, is a legal proceeding where a plaintiff seeks to resolve disputes over the ownership of real property. This type of action is used to establish a party's title against anyone who challenges or claims an interest in the property. The goal is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed ownership record. North Carolina's approach to these actions is governed by state statutes and case law. The process typically involves filing a complaint in the county where the property is located, serving all interested parties, and presenting evidence to the court to prove the plaintiff's ownership. If successful, the court will issue a judgment that confirms the plaintiff's title to the property and eliminates the adverse claims of others. It is important for individuals involved in such disputes to consult with an attorney to navigate the specific requirements and procedures under North Carolina law.