Adverse Possession Arizona
Your property is probably your most valuable possession. Adverse possession allows a neighbor or unknown squatter to gain legal title to part of your property. Making sure your land remains yours and that a neighbor can’t claim a portion of it, you should familiarize yourself with Arizona’s laws on adverse possession. There may be times when you need to assert an adverse possession claim, over property you have been using.
In Arizona
Adverse possession is a legal concept that allows a person, but more often a neighbor—to gain legal title over the land of the property owner. Adverse possession in Arizona is controlled partly by statute (laws passed by the state legislature), but also by the state courts. Importantly, the burden of proof to establish a claim of adverse possession is on the neighbor or trespasser. Just making the claim and hoping the other side won’t do a good enough job defending against it is not likely to win the day.
Arizona’s Requirements for Adverse Possession
As in most states, adverse possession in Arizona is established from the nature of a trespasser’s possession and the length of time the person possesses the land. A trespasser’s possession must be: (i) hostile (against the right of the true owner and without permission); (ii) actual (exercising control over the property); (iii) exclusive (in the possession of the trespasser alone); (iv) open and notorious (using the property as the real owner would, without hiding his or her occupancy), and continuous for the period set by state statute (which is in most cases ten years in Arizona, under Ariz. Rev. Stat. § § 12-522 et seq., with some important exceptions).
Claims for Adverse Possession Under Color of Title
An adverse possession claimant is typically required to have continuous possession of the subject property for a full ten-year period. However, Ariz. Rev. Stat. § § 12-523 allows “trespassers” who have actually been paying property taxes on the subject land to claim adverse possession rights after only three years.
Trespasser’s Intent Is Irrelevant in Arizona
The doctrine of adverse possession protects someone who has honestly entered and held possession in the belief that the land is his or her own, as well as one who knowingly appropriates the land of others for the specific purpose of acquiring title. Rather, any entry and possession for the required ten years that is exclusive, continuous, hostile, actual, and open—even if under a mistaken claim of title—is sufficient to support a claim of title by adverse possession.
Stopping Trespass With Court Action to Quiet Title
What should you do if you spot a trespasser or a neighbor encroaching on your land? Chances are, it’s an innocent mistake on the person’s part. Given that, your first step should be to nicely ask the trespasser to move on. If the trespasser does not comply, you may be forced to consult a lawyer and bring an action to quiet title—a legal method for determining who holds title to land.
No Claims Against Government Land in Arizona
Land held by Arizona state and municipal government entities are generally immune from adverse possession actions.
Source: https://www.nolo.com/legal-encyclopedia/who-can-claim-property-based-adverse-possession-arizona.html
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