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 Washington State, an action to quiet title, which is similar to a trespass to try title action, is a legal proceeding where a person (plaintiff) seeks to establish their ownership of land and eliminate any challenges or claims to the title by others (defendants). This type of lawsuit is used to 'quiet' any disputes or claims over the property, ensuring that the plaintiff's title is clear and that no one else can assert a legal interest in the property. Washington law provides for these actions under RCW (Revised Code of Washington) 7.28.010 - 7.28.050. The statutes set forth the process for bringing a quiet title action, including who may file the action, the necessary pleadings, and the potential judgments that can be rendered by the court. It is important to note that the specific procedures and requirements for a quiet title action can be complex, and it is often advisable to consult with an attorney who is experienced in real estate law to navigate the process effectively.