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 short, if an owner of real property gives permission to a neighboring owner to drive over their property for ten or 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. 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.

Call William A. Miller with any Arizona real estate questions. We have been at it for 25 years!

602.319.6899 8170 North 86^th Place, Suite 208 Scottsdale, AZ 85258

Comments are closed.