Arizona Quiet Title Arizona Revised Statutes
Chapter 8 / SPECIAL ACTIONS AND PROCEEDINGS RELATING TO PROPERTYArticle 1 / Action to Quiet Title
12-1101 / Parties; claim; service on attorney general
12-1102 / Complaint
12-1103 / Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state
12-1104 / Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree
12-1101.Parties; claim; service on attorney general
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.
12-1102.Complaint
The complaint shall:
1. Be under oath.
2. Set forth generally the nature and extent of plaintiff's estate.
3. Describe the premises.
4. State that plaintiff is credibly informed and believes defendant makes some claim adverse to plaintiff. When the state is made defendant, the complaint shall set forth with particularity or on information or belief the claim of the state adverse to plaintiff.
5. Pray for establishment of plaintiff's estate and that defendant be barred and forever estopped from having or claiming any right or title to the premises adverse to plaintiff.
12-1103.Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state
A. If defendant, other than the state, appears and disclaims all right and title adverse to plaintiff, he shall recover his costs.
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.
C. If, after appropriate investigation, it appears to the attorney general that the state claims no right or title to the property adverse to plaintiff, he may file a disclaimer of right and title.
12-1104.Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree
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.