What is a quiet title action?

A quiet title action is a lawsuit to "quiet," or establish, an ownership interest in real estate. That interest could be fee simple, or an easement, for example. It is a way to clear title when someone else appears to claim an adverse interest. The adverse interest could be an ownership interest, an easement, or a lien or other encumbrance on title. It is a common way to resolve boundary line disputes, title vesting issues, and unrecorded (but paid or expired) deeds of trust and mortgages.

In Arizona, normally the prelude to a quiet title action--a statutory process--is to "tender" (mail) a form of quit claim deed to any party appearing to claim an adverse interest, with five dollars (which should cover the cost to mail back the signed document, and any notary fee). Under the statute, the adverse party has 20 days to sign. If they sign, then title has been cleared. If they fail to sign and more than 20 days has elapsed before you file the lawsuit, then you are eligible to recover attorney's fees from them if you prevail. In some cases, it may be advisable to quickly file a quiet title action without tendering, or waiting 20 days, but with the understanding that you will need to bear your own fees. Even without any urgency, the step is also commonly skipped in situations where collection of any judgment for fees is unlikely, or where the only adverse parties are unknown heirs.

Quiet title actions are not the appropriate way to resolve every real estate dispute. Other common causes of action include a declaratory judgment action and a slander of title action (A.R.S. §33-420). Often, multiple causes of action are brought in a single lawsuit.