QUIET TITLE

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:

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:

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:

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.

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 matter call us at 928/445-3230 or click here to contact us.