You may have heard the term “quiet title” used in the past. It’s a common real property action used across the U.S. to establish a right to property if it’s in question. People often use it to protect their real property rights from outside challengers. But the term “quiet title” means something different in Texas. If you’re challenging real property rights in a Texas court, you may want to use a “trespass to try title” action. Our clients often come to us seeking clarity on these two causes of action, so in these next two articles, we’ll explain the difference.

1.    Trespass to Try Title

In Texas, when there are competing claims over real property, the remedy may be a “trespass to try title” action. A “trespass to try title” is often the only possible way to clear up conflicts in the chain of a title to recover real property that’s “unlawfully withheld” from you. This is an action to challenge the ownership of real property. For example, you might bring a trespass to try title action if you’ve gained real property through “adverse possession.”

2.    Quiet Title

On the other hand, a “quiet title” action is an action to clean up a “cloud” or potential property claim that indirectly affects your title or ownership. This is an action to clarify ownership of real property against other possible claimants. You might use a quiet title action if there is a defect in your property’s chain of title, like an improper deed. Or you could use a quiet title action to establish a clear property owner in a boundary dispute.

In the next part of this post, we’ll discuss how a trespass to try title or a quiet title action works in Texas.

Hire an Experienced Texas Property Lawyer

If you’re concerned about your property rights, you don’t have to figure this out alone. A skilled Texas property law attorney can help. The attorneys at Manfred Law have been helping Texans like you untangle complex property legal challenges for years. Call them at (713) 547-5460 or contact them online to schedule your consultation.