No Statute of Limitation on Quiet Title!Posted on June 12, 2013 in Az Business Law
On May 28, 2013, the Arizona Court of Appeals ruled in Cook v. Town of Pinetop-Lakeside that there is no statute of limitations for a quiet title lawsuit. 1 CA-CV 12-0258. In short, if an owner of real property gives permission to a neighboring owner to drive over their property for ten or twenty years, the owner could still file a quiet title lawsuit against the neighboring property owner. The neighboring property owner will never have a right to a roadway easement. If the owner does not give permission to use the roadway, after the ten-year adverse possession statute of limitations, the neighboring property owner will have a prescriptive easement to use the roadway.
Call William A. Miller with any Arizona real estate questions. We have been at it for 25 years!
602.319.6899 8170 North 86th Place, Suite 208 Scottsdale, AZ 85258