A.R.S. § 12-1103: Quiet Title Disclaimer of Interest
Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state
What happens if a defendant disclaims any interest in a quiet title action in Arizona?
In Arizona, a defendant in a quiet title action who appears and disclaims all adverse right and title recovers their costs, unless the plaintiff first tendered $5 and requested a quit claim deed at least 20 days before suing and the defendant refused; in that case the court may still award the plaintiff costs and attorney fees. The attorney general may similarly disclaim any adverse interest claimed by the state.
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Full statute text
Official text last checked against azleg.gov:
12-1103. Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state
A. If defendant, other than the state, appears and disclaims all right and title adverse to plaintiff, he shall recover his costs.
B. If a party, twenty days prior to bringing the action to quiet title to real property, requests the person, other than the state, holding an apparent adverse interest or right therein to execute a quit claim deed thereto, and also tenders to him five dollars for execution and delivery of the deed, and if such person refuses or neglects to comply, the filing of a disclaimer of interest or right shall not avoid the costs and the court may allow plaintiff, in addition to the ordinary costs, an attorney's fee to be fixed by the court.
C. If, after appropriate investigation, it appears to the attorney general that the state claims no right or title to the property adverse to plaintiff, he may file a disclaimer of right and title.
Drafted by AI from the official text and checked sentence by sentence against azleg.gov. ClearStatute is run by David Bartlett, who is not an attorney. Legal information, not legal advice — consult a licensed attorney for your situation.