ABOR Fences Out a Property Owner’s Quiet Title Action

By: Cory L. Braddock 

In May of last year, the Arizona Court of Appeals determined that “the statute of limitations does not run against a plaintiff in possession who brings a quiet title action purely to remove a cloud on the title to his property.”  Cook v. Town of Pinetop-Lakeside, 661 Ariz. Adv. Rep. 31 (App, May 28, 2013).  The Cook decision was discussed in detail in our prior blog post entitled The Clock Doesn’t Tick-Tock for Owners in Possession.  Now, the Arizona Court of Appeals, presumably with some regret, has been forced to address real property statute of limitations issues for the second time within six months. … Read More »

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Moving From Quiet Title to Wrongful Recordation

By: Adam Lang

Pretend you own real property in Arizona that you want to sell.  You have a buyer.  You enter into a purchase contract.  But when the buyer runs a title report, she learns that someone else has wrongfully recorded a claim on your property.  The buyer cancels. 

You want to hold the individual who wrongfully recorded the interest on your property accountable.  Not only do you need to consider the possible claims you should bring, but you may want to consider the order in which you decide to prosecute those claims. 

Two claims come to mind:  quiet title and wrongful recordation. … Read More »

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