A Quiet Title action addresses any impediment to clear, marketable, insurable title to your real estate. An impediment or defect can show up in a sale or loan transaction when the title company discovers a “cloud” on the title. If it cannot be cleared, a quiet title action is necessary. Or a quiet title action can be the remedy for an encroachment, adverse possession or prescriptive easement.
Encroachment is quite common, even in platted subdivisions. Usually it is the form of a misaligned common wall between adjoining neighbors' fences. The firm has resolved many of these problems by drafting an easement for the encroaching neighbor. Both owners must sign the easement and then it is recorded.
An encroachment that is not amicably resolved may result in a quiet title action by the encroached upon owner demanding the encroaching owner be ordered to remove the fence or wall or that title to the portion encroached upon be quieted in the offended owner's name.
Adverse possession can be the consequences of an encroachment that is in existence for ten or more years. Adverse possession means that a person acquires title by possessing or using the land. It can be both an affirmative claim, or a defense to a quiet title action, depending on the circumstances. The elements of adverse possession are generally that it must be actual, open and notorious, hostile (without permission) continuous, exclusive under a claim of right adverse to and inconsistent with any claim of right by the opposing owner for a period of ten years or more. The ten year element can be met by being "tacked" on to previous owners' periods of possession.
Hostile does not mean violence or aggression, legally it means that the opposing owner did not grant permission, license or otherwise approve the use or encroachment. By Arizona statute, if the elements are satisfied and ten years has elapsed, legal title vests as a matter of law to the adversely possessing owner. Of course, this does not mean title to the portion automatically issues, it means that the party who pleads and is entitled to the ten year bar of A.R.S. § 12-526(A) is deemed by law to be possessed of full title to the encroached property precluding all claims, pursuant to A.R.S. § 12-527. (See more detail in the Blog: Real Estate Side Bar)
A prescriptive easement is similar in effect to adverse possession. The common example is the use of a path over and through a parcel of land by the public for a sufficient period of time converts to a right of easement for continued use of the path. This area is complex and replete with varying factual contexts addressed by the courts.
With both adverse possession and prescriptive easements, a property owner should be alert to possible loss of property rights with respect to the adverse use. There are steps to take to defeat adverse possession or prescriptive easement loss before the rights vest under the statutes of limitation. Please call our office if you would like to consult with Mr. Dye regarding these real estate issues.
Partition is a statutory remedy by which one owner may force the sale of the property absent the participation of the other owner(s). The statute, A.R.S. §12-1211, et seq., is designed to allow one or more owners to compel a sale of co-owned property where the other owners refuse to agree to a voluntary sale. (See more detail in the Blog: Real Estate Side Bar)
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Harvey did a fantastic job representing me in the sale of my home. He was fast and efficient. Closed the deal within 45 days. I highly recommend him if you have a need for a real estate lawyer.
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My husband and I met with Harvey to discuss a real estate transaction that we had begun. We had just lost our middle child and were still grieving our loss. We decided to sell our home while in this state of anguish. Harvey was very helpful and meticulous about helping us save our home. We both would highly recommend Harvey and R. Harvey Dye Law for any real estate law needs. I would give him 10 stars!
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I have never spoken to an attorney as well versed in their field as Harvey Dye. He was very attentive as I explained my situation, and he did not interject once during the entire conversation. After processing all the information I had given him, Harvey went over all possible options for resolving my issue; one of which I would never have thought existed. Thank you for your help, Harvey. You are a true asset to your field.
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Harvey did a fantastic job representing me in the sale of my home. He was fast, efficient and very professional. The sale closed without a hitch within 45 days. I even had a little kink in the road but Harvey maneuvered through it like a pro! If you have a need for a real estate lawyer, Harvey is your guy!
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Lien IssuesI have never spoken to an attorney as well versed in their field as Harvey Dye. He was very attentive as I explained my situation, and he did not interject once during the entire conversation. After processing all the information I had given him, Harvey went over all possible options for resolving my issue; one of which I would never have thought existed. Thank you for your help, Harvey. You are a true asset to your field.
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High quality serviceR. Harvey Dye is a exceptional lawyer. He helped me out with a very difficult land deal that other lawyers could not help. Harvey did a great job explaining and keeping me informed on the process. Thank you again Harvey.
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I found Mr Dye to be a very thoughtful man with the ability to talk with you on your level of knowledge of the law,after our first visit I felt very comfortable and confident that Mr Dye would represent me to the best of his ability and he proved to do so. I had cosigned a commercial lease that should have expired 5 years after the signing, After 5 years I was not with the company any longer. The owner signed a new lease and then went out of business a few years later. I was named in the law suit for the remainder of the lease owed. Mr Dye researched the law and found many examples of previous law that would have me dismissed from the law suit. His arguement proved very successful and I was dismissed from the law suit. Great job Mr Dye, I would recommend you to anyone who has a real estate problem or needs advise. Quick, accurate, and friendly.
Harvey Mr. Dye is an exceptional example of what an attorney should be! I recently had to foreclose on a home, and found Mr. Dye to be very honest. From the first phone call, to the conclusion, he exceeded my expectations. He kept me informed throughout the process, was fair with his fees. I highly recommend him.
Property Line DisputeHarvey Dye provided excellent service with our property line dispute. He is very knowledgeable in regards to this area. He listened to our issues and helped us understand the law. We have never needed the services of an attorney until now and he was great about guiding us through the process. Harvey Dye was able to get a positive result for us and put our concerns at ease. He was also very fair with his fees to be sure there were not any added costs that were not necessary. I would highly recommend Harvey Dye in any real estate situation you may have.
Excellent Service!Our experience was wonderful. We had a smaller issue that we thought might get lost in and amongst his larger cases or more important matters. This, however, was not the case. He listened to exactly what we needed, did not rush us, asked us questions to clarify that he understood exactly what we were looking for, and went to work for us immediately. We expected a long turnaround on our results, but we were pleasantly surprised when our matter was concluded in a very short amount of time. It is clear Mr. Dye and his staff care about doing a good job and making sure their clients are comfortable with the process and receive a quality product. I would highly recommend his services to anyone.