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Burris & MacOmber, PLLC > Articles > Property Law > Periods of Limitations Does Not Run Against One In Possession

- Periods of Limitations Does Not Run Against One In Possession -

In Cook v. Town of Lakeside-Pinetop, Division One of the Arizona Court of Appeals reversed the dismissal of Mr. Cook’s claim to quiet title to property which the Town had abandoned to him.  Years after the abandonment, a neighbor, Mr. Huffel, requested the Town rescind its abandonment because the effect was to landlock his property.  Mr. Cook filed suit and the Superior Court dismissed his lawsuit on statute of limitations grounds under the 1 year statute for bringing actions against a governmental entity.  The Court of Appeals reversed that ruling, holding that no statute of limitations applied to someone in possession of land who brings an action to remove a cloud on the title.  The Court of Appeals reasoned that as long as the cloud remains, the statute of limitations does not begin to run against someone in physical possession of the land.

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