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)
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.
- Teri Johnston. 07/20/2020 Google
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!
- keira hall. 11/04/2015 Google
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.
- Jeffrey Vinca. 10/16/2019 Google
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!
Response from R. Harvey Dye Law PCThank you for the great review Teri. It was my pleasure to work with you on your transaction!
- Teri M. . 5 months ago Rate a biz
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.
Response from R. Harvey Dye Law PCThanks Jeff! I am glad I was able to offer a possible solution to your situation.
- Jeff V . 10 months ago Rate a biz
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.
Response from R. Harvey Dye Law PCYou are welcome, Kevin. It was rewarding and gratifying to successfully resolve those sticky issues for you.
- Kevin B. 1 year ago Rate a biz
We consulted Mr. Harvey Dye on three different occasions. All three were same day and time-sensitive. One of three was on a Sunday. Even thou he did not answer, he returned our call within a very short period of time. We were selling a home and our options during the offer counter offer process just wasn't being made clear by our property representative. Harvey reviewed our paperwork and informed us our best options. During closing, Harvey gave us his cell phone number and told us if we had any questions while in the signing process to call him and he would be sure to be available during the specified time period. I ask you, what attorney is going to give you their cell phone number and be that available? The answer, Mr. Harvey Dye. There's not enough space to say everything that should be said. Just hire him!!! Teri T and James T
You are welcome, Kevin. It was rewarding and gratifying to successfully resolve those sticky issues for you.
Response from R. Harvey Dye Law PC
Thank you Teri and James for the great review. It was a pleasure to meet you and help with your real estate issues.
- Teri and James T 2 years ago Rate a biz
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.
Response from R. Harvey Dye Law PC
Thank you Michael. As we discussed, motions to dismiss are tricky and the courts are reluctant to grant them. Plus, the guarantee had all-encompassing liability language, as they usually do. But I believed you had a good argument on the interpretation of the guarantee provisions per AZ law and am very pleased we succeeded and got you out of the case.
-Michael B. #years ago Rate a biz
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.
Response from R. Harvey Dye Law PCThank you Debra. I am happy we got all your money repaid, the loan reinstated and that we did not have to auction the property. With you in WA and the property in Yuma, that would not have been a fun experience for you. I enjoyed working with you and our "non-business" chit-chat.
-Debra M. 3 Years Ago Rate a biz
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.
Response from R. Harvey Dye Law PCThank you Cindy. Your situation could have become quite stressful, as neighbor disputes usually are. I am happy I was able to defuse the situation for you and Paul. Your positive cooperation and contribution made my task easier.
-Cynthia C. 4 Years Ago Rate a biz
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.
Response from R. Harvey Dye Law PCThanks, Paul, for the great review. Your organization of materials sped up the process. It was my pleasure to represent you.
-Paul T.. 5 Years Ago Rate a biz
HelpfulI called with a property question and was given a quick and understandable answer. It helped to expedite the action I needed to take. Thank you for stepping outside your field of law and helping.
Response from R. Harvey Dye Law PCYou're welcome, Sharon. I was glad your real estate issue could be solved quickly.
-Sharon W. W. 5 Years Ago Rate a biz
Professional and complete serviceMy 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!
Response from R. Harvey Dye Law PCVirginia, thank you for the great review! It was very satisfying to help you keep your home.
-Virgina H 5 Years Ago Rate a biz
Very high quality work!My experience as a client of Mr. Dye was very positive on many levels. Mr. Dye is very knowledgeable and very thorough which of course is extremely important - especially as a real estate investor. However, what is also very important to me is that he is also respectful of my time as well, with prompt replies to my questions and delivering the result on the schedule we agreed on. I have dealt with a lot of attorneys, and in my experience most attorneys are very slow to respond. And so it is always a pleasure to do business with Harvey with his approachable style and open communication.
Response from R. Harvey Dye Law PCThank you Martin, it's always a pleasure to work with you
-Martin B 5 Years Ago Rate a biz
Business Experience,Praticality, Legal Ability, and General Ethical StandardsI was fortunate to have found R. Harvey Dye. He dedicates his practice to representing people in Phoenix and the surrounding areas in Arizona. During our initial meetings I was pleased to discover that Mr. Dye focuses his efforts on handling cases that involve contract disputes, commercial and residential real estate transactions, business acquisitions, arbitration proceedings, and if need be, all ncessary litigation hearings. I have found Mr. Dye to be a practical, experienced legal advisor who successfully guided me through a most complex real estate and business acquisition matter. He has a firm understanding of Arizona law regarding real estate contracts, leases, and other associated business transactions. I am grateful to have met and retained Mr Dye who's legal expertise and representation led to a favorable outcome in my case. I can strongly recommend him to others in need of legal counsel in any real estate and business matters. I am grateful to have met and retained Mr. Dye
Response from R. Harvey Dye Law PCThank you John, I enjoyed representing you and value our continuing friendship.
-John A. 5 Years Ago Rate a biz
Professional and explains the issues in plain englishWe had a real estate transaction issue with other complicating legal issues. Harvey was able to fully grasp the totality of the circumstances and represent our case professionally when another attorney declined representation. The other party was not willing to reach an agreement until we proceeded to an arbitration hearing. Harvey's preparation and legal skills resulted in an acceptable compromise at the arbitration hearing. Harvey's legal experience and research skills were the difference in our case. I wholeheartedly endorse Harvey Dye.
Response from R. Harvey Dye Law PCThank you Dave, you were a great client!
-David B. 5 Years Ago Rate a biz
Good Counsel, knowledgable, pleasure to work withWe retained Harvey for a real estate matter. Prior to my appointment as an administrative law judge, I had spent some twenty years handling similar matters in another state, but wanted someone versed in the intricacies of Arizona real estate practice. I found Harvey quite by chance and have been forever grateful for my good luck. Knowledgable, calm demeanor, always ready to address any question, ever the counsel, consummate professional. The true bonus has been that he remained a friend after the case closed.
Response from R. Harvey Dye Law PCLarry, it was a bit scary at first, representing a federal judge! But you were easy to work with and turned out to be a good friend, also. Thank you for the review.
-Larry E J. 5 Years Ago Rate a biz
Excellent law firmWe had a very difficult case and did not know what to do, a friend gave us Harvey's number, and we felt like we were in good hands from the very first meeting. I would highly recommend Harvey to anyone who needs his service, you will not be disappointed!
Response from R. Harvey Dye Law PCJoe, it was a fine feeling winning your case and securing your home for you and your family. Thanks for the favorable feedback.
-Joe A. 5 Years Ago Rate a biz
Professional AssociationI have been retained by Harvey Dye on numerous occasions as his standard of care expert in civil litigation. I have observed that Harvey is honest and diligent in his representation of his clients. He fights for his clients. Although good lawyering is never cheap, Harvey is attentive to keeping down his fees.
Response from R. Harvey Dye Law PCEd, you know what I think of your abilities when I always try to retain you before the opposition can lock up your services. Thank you for the positive review.