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

Ariz. Rev. Stat. § 12-1104 (2026)

Allegation of lien or interest claimed by adverse party; jurisdiction of court to enter decree

✓ current as of May 2026
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A. In an action to quiet title to real property, if the complaint sets forth that any person or the state has or claims an interest in or a lien upon the property, and that the interest or lien or the remedy for enforcement thereof is barred by limitation, or that plaintiff would have a defense by reason of limitation to an action to enforce the interest or lien against the real property, the court shall hear evidence thereon.

B. If it is proved that the interest or lien or the remedy for enforcement thereof is barred by limitation, or that plaintiff would have a defense by reason of limitation to an action to enforce the interest or lien against the real property, the court shall have jurisdiction to enter judgment and plaintiff shall be entitled to judgment barring and forever estopping assertion of the interest or lien in or to or upon the real property adverse to plaintiff.

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 1994–2025 · leading case: Rogers v. Bd. of Regents of the Univ. of Arizona, 311 P.3d 1075 (Ariz. Ct. App. 2013).
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Rogers v. Bd. of Regents of the Univ. of Arizona, 311 P.3d 1075 (Ariz. Ct. App. 2013). · cites it 5× “1994) (Section 12-1104 “provides that where it can be shown that enforcement of a lien is barred by a statute of limitations, a person seeking quiet title is entitled to judgment barring assertion of the lien.”
Berryhill v. Moore, 881 P.2d 1182 (Ariz. Ct. App. 1994). “section 12-1104 entitles them to relief is without merit.”
Jose R. Aroca v. Tang Inv. (Ariz. 2025). · cites it 25× “The court held that “because Tang’s recorded deed of trust is barred by limitation, the lien has been discharged and the Arocas are entitled to judgment under § 12-1104 in their action to quiet title.”
Velazquez v. Fmz (Ariz. Ct. App. 2023). · cites it 18× “¶2 Because A.R.S. § 12-1104 applies to the “enforcement” of a “lien or interest”—and title is not an interest requiring enforcement to be effective—the superior court erred by reading A.”
Jose R. Aroca & Kirstin Aroca v. Tang Inv. Co., LLC ... (Ariz. Ct. App. 2024). · cites it 4× “However, in 1941 the legislature enacted A.R.S. § 12-1104, which provides that in a quiet title action: “If it is proved that the interest or lien or the remedy for enforcement thereof is barred by limitation .”
Nguyen v. Nguyen (Ariz. Ct. App. 2024). · cites it 4× “¶17 Quy and Ahn argue they did not waive their statute-of-limitations defense because they raised it in their answer and A.R.S. § 12-1104 does not require filing a motion to dismiss on statute-of-limitations grounds.”
Sussex v. Tempe (Ariz. Ct. App. 2017). · cites it 2× “¶14 The Sussexes also contend the court should not have dismissed their complaint without conducting an evidentiary hearing pursuant to A.R.S. § 12-1104(A). But the Sussexes did not raise this argument or request a hearing in the superior court and have thus waived the issue for…”
— Ariz. Rev. Stat. § 12-1104(A) — 1 case
Sussex v. Tempe (Ariz. Ct. App. 2017). “¶14 The Sussexes also contend the court should not have dismissed their complaint without conducting an evidentiary hearing pursuant to A.R.S. § 12-1104(A). But the Sussexes did not raise this argument or request a hearing in the superior court and have thus waived the issue for…”
— Ariz. Rev. Stat. § 12-1104(B) — 4 cases
Rogers v. Bd. of Regents of the Univ. of Arizona, 311 P.3d 1075 (Ariz. Ct. App. 2013). “1994) (Section 12-1104 “provides that where it can be shown that enforcement of a lien is barred by a statute of limitations, a person seeking quiet title is entitled to judgment barring assertion of the lien.”
Jose R. Aroca v. Tang Inv. (Ariz. 2025). “The court held that “because Tang’s recorded deed of trust is barred by limitation, the lien has been discharged and the Arocas are entitled to judgment under § 12-1104 in their action to quiet title.”
Velazquez v. Fmz (Ariz. Ct. App. 2023). “¶2 Because A.R.S. § 12-1104 applies to the “enforcement” of a “lien or interest”—and title is not an interest requiring enforcement to be effective—the superior court erred by reading A.”
Jose R. Aroca & Kirstin Aroca v. Tang Inv. Co., LLC ... (Ariz. Ct. App. 2024). “However, in 1941 the legislature enacted A.R.S. § 12-1104, which provides that in a quiet title action: “If it is proved that the interest or lien or the remedy for enforcement thereof is barred by limitation .”
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