QUIET TITLE
Read the
WARNING! first.
When there are conflicting
claims to real property or to an interest in real property (such as an
easement) a lawsuit can be brought to obtain a judicial declaration of the
ownership and interests in the property. In Arizona, this is known as a
quiet title action. Attorney's fees can be awarded to the person seeking
to quiet title, pursuant to an Arizona statute, if the defendant is given
a proper opportunity to acknowledge that the defendant has no interest in
the property and if the defendant fails to do so within a specific time
period.
A quiet title action is not something that can be done by filling
out a few forms. It is much more complicated than that. It requires the
skill, education, training and experience of a qualified attorney skilled
in both real estate law and in litigation. A quiet tile action is a
lawsuit. Thus, all of the factors applicable to lawsuits, and all of the
complexities, also apply to quiet title actions. Click
here for more
information about Arizona
lawsuits.
Often, the issue of
attorney’s fees determines whether a person is able to successfully pursue
a quiet title action. In Arizona, a person who is successful in a quiet
title action may receive an award of attorney’s fees against the losing
party if certain prerequisites are met. Those prerequisites are found in
Arizona Revised Statutes, Section 12-1103B, which states:
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B. If a party, twenty
days prior to bringing the action to quiet title to real property,
requests the person, other than the state, holding an apparent adverse
interest or right therein to execute a quit claim deed thereto, and
also tenders to him five dollars for execution and delivery of the
deed, and if such person refuses or neglects to comply, the filing of
a disclaimer of interest or right shall not avoid the costs and the
court may allow plaintiff, in addition to the ordinary costs, an
attorney's fee to be fixed by the court. |
In order to prove that a
quit claim deed
was properly tendered, the tender should be made properly. Evidentiary
problems arise if a tender is not properly made. An experienced litigation
attorney should be consulted to avoid evidentiary problems.
In Arizona, a quiet title
action is subject to certain statutory requirements. The Arizona statutes
authorizing a quiet title lawsuit may be found in Title 12, Chapter 8,
Article 1. Arizona Revised Statutes, Section 12-1103 states:
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A. An action to
determine and quiet title to real property may be brought by any one
having or claiming an interest therein, whether in or out of
possession, against any person or the state when such person or the
state claims an estate or interest in the real property which is
adverse to the party bringing the action. B. When the state is made
defendant a copy of the summons and complaint shall be served upon the
attorney general. |
Arizona Revised Statutes,
Section 12-1104 states:
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A. In an action
to quiet title to real property, if the complaint sets forth that any
person or the state has or claims an interest in or a lien upon the
property, and that the interest or lien or the remedy for enforcement
thereof is barred by limitation, or that plaintiff would have a
defense by reason of limitation to an action to enforce the interest
or lien against the real property, the court shall hear evidence
thereon. B. If it is proved that the interest or lien or the remedy
for enforcement thereof is barred by limitation, or that plaintiff
would have a defense by reason of limitation to an action to enforce
the interest or lien against the real property, the court shall have
jurisdiction to enter judgment and plaintiff shall be entitled to
judgment barring and forever estopping assertion of the interest or
lien in or to or upon the real property adverse to plaintiff.
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A quiet title lawsuit is
not something that is usually completed in a short period of time. As with
most lawsuits, the process takes time. Thus, if a quiet title action is
necessary to resolve issues relating to the title or ownership of an
interest in land, one should expect it to take some time.
Before a quiet title action
is started there should be a thorough search of the land records. The
search often involves what is known as a “chain of title” which is a
report showing each sequence in the history of the land ownership. Often a
survey by a licensed/registered land surveyor is necessary. Sometimes
multiple surveys are involved, especially when the dispute involves the
location of a property or fence line.
There are often many
procedures and techniques which can maximize the chance of success.
Usually, the sooner these techniques are employed the better the chance of
success. An experienced quiet title attorney should be consulted as early
as possible.
If you need assistance with
an Arizona quiet title lawsuit,
contact us. |
