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 New Hampshire, an action to quiet title, which may be similar to what is known in some jurisdictions as a trespass to try title action, is a legal proceeding where a person (plaintiff) seeks to establish clear ownership of real property and eliminate any challenges or claims to the title by others (defendants). This type of lawsuit is used to 'quiet' any disputes or claims over the ownership of the land, ensuring that the plaintiff's title is deemed valid and indisputable. New Hampshire statutes and case law govern quiet title actions, and these laws dictate the procedures and requirements for filing such a claim. The process typically involves filing a complaint in the appropriate court, serving notice to any adverse claimants, and presenting evidence to support the plaintiff's claim to the title. If successful, the court will issue a judgment that confirms the plaintiff's title to the property, thereby preventing any adverse claimants from asserting a claim in the future. It's important to consult with an attorney to understand the specific legal requirements and process for a quiet title action in New Hampshire.