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 Mexico, 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 used to establish or settle a person'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 New Mexico state statutes under the Quiet Title Act, NMSA 1978, Sections 42-6-1 to 42-6-7. The purpose of a quiet title action is to resolve disputes over the ownership of a piece of land. It requires the party challenging the title to provide evidence of their claim. If they cannot do so, they are prevented from later asserting a claim to the property. The plaintiff must provide a legal description of the property, name the parties with possible claims, and state the nature of the plaintiff's own claim. The court then determines the validity of all interests in the property and issues a judgment that clarifies the ownership of the land. It's important to note that while the terms and procedures may vary between states, the underlying principle of resolving disputes over property titles is consistent.