About Deborah Scott
Deborah Scott is a real estate attorney at Deborah Chisholm Scott, Retired based in Dragoon, Arizona. Real estate practice in Arizona is grounded in ARS Title 33 (property transactions, deeds, encumbrances) and Title 32 (real estate broker licensing), covering purchase and sale disputes, title and easement issues, and broker liability claims. See contact information below.
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Education
- Law School: U of Arizona
Common questions about Real Estate in Arizona
Answered by Arizona Attorney Search Network
What is a quiet title action in Arizona?
A quiet title action under ARS § 12-1101 et seq. is a lawsuit to resolve disputes about ownership of real property. It clears clouds on title (improperly recorded liens, boundary disputes, adverse possession claims, fraudulent deeds) so the rightful owner has clear, marketable title. Quiet title cases proceed in Superior Court and result in a judgment binding all named claimants.
How does the Arizona statute of frauds apply to real estate?
ARS § 44-101 requires that contracts for the sale of real property, leases longer than one year, and certain other real estate agreements be in writing and signed by the party to be charged. Oral real-estate contracts are generally unenforceable, with limited exceptions for partial performance and fraud. The writing must identify the parties, property, and price with reasonable certainty.
How does adverse possession work in Arizona?
Under ARS § 12-526, a person can acquire title to land by 10 years of continuous, open, hostile, exclusive possession (or 5 years if also paying taxes under ARS § 12-525). Adverse possession claims require strict factual proof and are most commonly used to fix boundary disputes or resolve historical title gaps. The doctrine does not apply against state-owned land.
Q&As answered by Deborah Scott
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Office Location
Deborah Chisholm Scott, Retired
PO BOX 158
Dragoon, AZ 85609
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