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 Utah, a trespass to try title action is more commonly referred to as a quiet title action. This legal proceeding is used to resolve disputes over property ownership and to clear the title of any claims, liens, or other encumbrances. The plaintiff in a quiet title action seeks a court judgment confirming their title to the property and eliminating the adverse claims of the defendant. Under Utah law, specifically Utah Code Ann. § 78B-6-1301 et seq., a quiet title action can be brought by anyone claiming a vested or contingent interest in real property. The statute provides the framework for these actions, including who may file, the necessary pleadings, and the potential judgments. The resolution of a quiet title action results in a clear and marketable title to the property, free from the claims of others. 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.