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 South Carolina, a trespass to try title action, also known as an action to quiet title, is a legal proceeding used to resolve disputes over the ownership of real property. This type of lawsuit allows a plaintiff, who claims to have clear title to a property, to seek a court judgment affirming their title against any other individuals or entities that might assert a competing claim. The goal is to 'quiet' any challenges or claims to the title, thereby providing a clear and undisputed ownership record. South Carolina's laws governing these actions can be found in the state's statutes, specifically under Title 15 - Civil Remedies and Procedures, Chapter 61 - Recovery of Real Property. These statutes outline the procedures for filing an action, serving notice to defendants, and the legal standards that the court will apply to determine the rightful owner of the property. It is important for individuals involved in such disputes to consult with an attorney to navigate the complexities of real property law and to effectively assert or defend their property rights in court.