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 Virginia, an action to quiet title, also known as a suit to remove a cloud, is the legal process used to determine the rightful owner of real property and to resolve any disputes over the title. This type of lawsuit is filed in the circuit court where the property is located. The plaintiff in a quiet title action seeks a court judgment that confirms their title to the property and eliminates any competing claims. Virginia law does not specifically use the term 'trespass to try title,' which is more common in other states like Texas. Instead, Virginia's process focuses on clearing any uncertainties or 'clouds' on the title, thereby providing a clear and marketable title to the plaintiff if they prevail. The relevant statutes can be found in the Virginia Code, and case law further clarifies the application of these statutes. It is important for individuals involved in a title dispute to consult with an attorney to navigate the complexities of property law and to ensure their interests are adequately represented in court.