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 Ohio, an action to quiet title, which is similar to a trespass to try title action, is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit is filed by an individual or entity (the plaintiff) who seeks to establish clear title against any other claims to the property by adverse parties (the defendants). Ohio Revised Code Section 5303.01 provides the statutory basis for a quiet title action, allowing a person in possession of real property, or having an interest therein, to commence and maintain an action against any person who claims an interest in the property to settle the question of title. The purpose of this action is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed record of ownership. The court's judgment in a quiet title action is conclusive, barring the defendant from later asserting a claim to the property. It's important to note that the specific procedures and requirements for filing a quiet title action in Ohio may be subject to additional rules and case law interpretations, so consulting with an attorney for guidance on the matter is advisable.