Court of Appeals Says No Statute of Limitations in Quiet Title Actions

   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 other words, if an owner of real property gives permission to a neighboring owner to drive over their property for 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.

   Note: 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.