Pima Arizona Complaint to Quiet Title by Adverse Possessor with Unknown Defendants

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Pima
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US-02716BG
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Description

A quiet title action is a civil lawsuit brought for the purpose of determining conflicting claims to real property. The action affects only those properties identified in the complaint. The action can target specific individuals who have or may claim an interest in the property (sometimes referred to as a quasi in rem proceeding); and it can sometimes be expanded to include all persons, known and unknown, who might have some interest in the property (an in rem action). A quiet title action, when properly conducted in accordance with statutory and constitu¬tional requirements, can resolve all claims and conflicts regarding the property in a single proceeding.


Most quiet title actions are based on adverse posses¬sion, in which the plaintiff alleges that he and his predecessors-in-interest have openly and notoriously claimed the property over a period of years and have paid the property taxes. Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In this case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a period of time. In Mississippi, the period of time is ten years. State statutes vary with regard to this period of time.


In addition to identifying adverse claimants, the plaintiff must undertake a diligent effort to give them notice of the action so that they can defend themselves. Since courts do not favor forfeitures of property interests, the plaintiff must satisfy both statutory and constitutional requirements for notice and due process. The best form of notice is personal service on the defendant(s). If a defendant cannot be served personally, states have enacted laws outlining the minimum procedures to be followed for constructive service of process on unknown or claimants that cannot be located. These minimum procedures may require mailing notice by certified mail, return receipt requested, to the last known address of a claimant; giving notice to the secretary of state for a defunct corporation; posting notice on the land; and publishing notice of the complaint in a local newspaper.

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FAQ

In Arizona, you must be occupying a property as a trespasser for two years to obtain the property through adverse possession. Alternatively, you can acquire the property by paying taxes on the property for five years and this will also be considered adverse possession.

8-12 weeks is a typical quiet title time frame. However, do not assume that your quiet title is a typical one! There may be other factors at play.

The State of Arizona holds unclaimed property as a custodian for the rightful owner. The state will return property to owners who provide proof showing their right to claim the property.

Under Arizona law, a person must occupy property that is otherwise neglected for at least two years before he or she makes a right of possession adverse possession claim. The person must occupy the property publicly, which includes paying property taxes and acting as if he or she has the right to possess the property.

Unlike some states that require two decades of occupation, the Grand Canyon State will let a squatter take possession after as little as two years (under certain circumstances). Arizona's adverse possession laws require an individual to occupy an otherwise neglected property publicly for at least 2 years.

Pursuant to California Code of Civil Procedure § 761.020, a complaint to quiet title in California must be verified and contain: A description of the property that is the subject of the action; The title of the Plaintiff as to which a determination of quiet title is sought; The adverse claims to Plaintiff's title;

As stated above, a quiet title action in Arizona helps property owners in dispute about ownership resolve the title ownership for the property. Under a quiet title action, a property owner will seek to eliminate any clouds on the title.

Historically, an action to quiet title through the court system has been the only way to obtain title insurance for tax sale properties in Tennessee. The average cost of a quiet title action is more than $4,500 and takes a minimum of 6-12 months to complete.

A plaintiff seeking to quiet title against a person with legal title to property has the burden of proving title by clear and convincing proof, rather than by the prepon- derance of evidence usually used in civil cases. Evid. Code §662 Evidence Code §662 does not apply when legal title itself is disputed.

In order to make a claim for adverse possession, you must be able to demonstrate the following: factual possession of the land; an intention to possess the land; and. that the possession has been without the consent of the owner.

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Pima Arizona Complaint to Quiet Title by Adverse Possessor with Unknown Defendants