Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-1103 (2026)

Disclaimer of interest and recovery of costs; request for quit claim deed; disclaimer of interest by state

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 108 cases (18 in the last 5 years), 1958–2026 · leading case: Dabrowski v. Bartlett, 442 P.3d 811 (Ariz. Ct. App. 2019).
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Dabrowski v. Bartlett, 442 P.3d 811 (Ariz. Ct. App. 2019). · cites it 10× “Therefore, the Dabrowskis contend the superior court erred by not awarding their attorney’s fees and costs under A.R.S. §§ 12-1103(B) and 12-341.01(A). We review the court’s decision declining to award fees for an abuse of discretion.”
Lange v. Lotzer, 727 P.2d 38 (Ariz. Ct. App. 1986). · cites it 24× “The letter further indicated that in order to preserve his right to attorney’s fees pursuant to A.R.S. § 12-1103(B), Lange was including a quitclaim deed along with a check for *261 $5.”
Lewis v. Pleasant Country, Ltd., 840 P.2d 1051 (Ariz. Ct. App. 1992). · cites it 22× “The exclusive basis for attorneys’ fees for quiet title actions lies in A.R.S. § 12-1103. Lange v. Lotzer, 151 Ariz.”
Cook v. Grebe, 429 P.3d 1161 (Ariz. Ct. App. 2018). · cites it 22× “In its ruling, the court explained that Grebe was “deemed the prevailing party in this matter for purposes of A.R.S. § 12-1103” and entered a fee award of $50,000.”
Roe v. Austin, 433 P.3d 569 (Ariz. Ct. App. 2018). · cites it 5× “, under A.R.S. § 12-1103(B) (against the Roes), § 22(o) of the Settlement (against Josiah), and A.”
Sweis v. Chatwin, 585 P.2d 269 (Ariz. Ct. App. 1978). · cites it 7× “4 None of these decisions involved the question of whether attorney’s fees allowed pursuant to § 12-1103 could be considered as costs within the meaning of Rule 67(d).”
SWC Baseline & Crismon Investors, L.L.C. v. Augusta Ranch Ltd. P'ship, 265 P.3d 1070 (Ariz. Ct. App. 2011). · cites it 4× “36 in attorney’s fees from the City (its claims against the City were litigated in a consolidated case and are not at issue in this appeal), SWC, AR.”
Jones v. Burk, 795 P.2d 238 (Ariz. Ct. App. 1990). · cites it 6× “See A.R.S. § 12-1103(B). The trial court found that there was sufficient evidence to find ownership by adverse possession as to the southern half of the disputed parcel but denied the Jones title to the northern half.”
Scottsdale Mem'l Health Sys., Inc. v. Clark, 791 P.2d 1094 (Ariz. Ct. App. 1990). · cites it 8× “The court concluded by stating: “On remand, the trial court has discretion to award appropriate trial and appellate attorney’s fees to Scottsdale upon a showing that Scottsdale complied with A.R.S. § 12-1103.” Id. at 471, 759 P.2d at 617.”
Spaulding v. Pouliot, 181 P.3d 243 (Ariz. Ct. App. 2008). · cites it 6× “In 2005, in accordance with A.R.S. § 12-1103(B), the Trust requested that Pouliot execute a quitclaim deed to the portions of the Trust’s property he had been using.”
Land Dep't v. O'Toole, 739 P.2d 1360 (Ariz. Ct. App. 1987). · cites it 8× “Further, A.R.S. § 12-1103(A) states: If defendant, other than the state, appears and disclaims all right and title adverse to plaintiff, he shall recover his costs.”
Speros v. Yu, 83 P.3d 1094 (Ariz. Ct. App. 2004). · cites it 6× “Each party requests attorneys’ fees pursuant to A.R.S. § 12-1103(B). Speros also requests fees for work done in the trial court.”
Show all 108 citing cases →
— Ariz. Rev. Stat. § 12-1103(A) — 1 case
Land Dep't v. O'Toole, 739 P.2d 1360 (Ariz. Ct. App. 1987). “Further, A.R.S. § 12-1103(A) states: If defendant, other than the state, appears and disclaims all right and title adverse to plaintiff, he shall recover his costs.”
— Ariz. Rev. Stat. § 12-1103(B) — 74 cases
Dabrowski v. Bartlett, 442 P.3d 811 (Ariz. Ct. App. 2019). “Therefore, the Dabrowskis contend the superior court erred by not awarding their attorney’s fees and costs under A.R.S. §§ 12-1103(B) and 12-341.01(A). We review the court’s decision declining to award fees for an abuse of discretion.”
Lange v. Lotzer, 727 P.2d 38 (Ariz. Ct. App. 1986). “The letter further indicated that in order to preserve his right to attorney’s fees pursuant to A.R.S. § 12-1103(B), Lange was including a quitclaim deed along with a check for *261 $5.”
Lewis v. Pleasant Country, Ltd., 840 P.2d 1051 (Ariz. Ct. App. 1992). “The exclusive basis for attorneys’ fees for quiet title actions lies in A.R.S. § 12-1103. Lange v. Lotzer, 151 Ariz.”
Cook v. Grebe, 429 P.3d 1161 (Ariz. Ct. App. 2018). “In its ruling, the court explained that Grebe was “deemed the prevailing party in this matter for purposes of A.R.S. § 12-1103” and entered a fee award of $50,000.”
Roe v. Austin, 433 P.3d 569 (Ariz. Ct. App. 2018). “, under A.R.S. § 12-1103(B) (against the Roes), § 22(o) of the Settlement (against Josiah), and A.”
— Ariz. Rev. Stat. § 12-1103(C) — 1 case
Land Dep't v. O'Toole, 739 P.2d 1360 (Ariz. Ct. App. 1987). “Further, A.R.S. § 12-1103(A) states: If defendant, other than the state, appears and disclaims all right and title adverse to plaintiff, he shall recover his costs.”
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