How To File for Adverse Possession
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How To File for Adverse Possession

Adverse Possession in Arizona abides by the following: 

  • Ariz. Rev. Stat. § § 12-522 and following
  • 10, 5 (deed, taxes if city lot), 3 (deed, taxes)
  • A document or deed and paid taxes on the property during the shorter time period above.

Adverse possession is a legal doctrine that allows a person to claim a property right in land owned by another. Read here for more details: https://craigcherney.com/what-is-adverse-possession/

Effect of Adverse Possession

While adverse possession alone does not result in a transfer of legal title, adverse possession gives a person a vested property right in the area possessed.

Requirements

The requirements for adverse possession are governed by state statute and may vary significantly between jurisdictions but usually involves the following:

  • Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious. 
  • Exclusive. The land must be occupied exclusively by the person seeking adverse possession.
  • Hostile. The occupation must be hostile and adverse to the interests of the true owner
  • Statutory Period. Possession of the land must continue for the state’s predetermined statutory period. The statutory period for adverse possession may be as short as three years or as long as twenty years. Many jurisdictions allow an adverse possessor to “tack on” his or her period of adverse possession to a previous possessor’s period, so long as there is no lapse in time between the two occupations. 
  • Continuous and Uninterrupted. All elements of adverse possession must be met at all times during the statutory period. 

Limits on Adverse Possession

Adverse possession is not available in all situations. For example, title to government-owned land may not be obtained by adverse possession.

Source: https://www.justia.com/real-estate/docs/adverse-possession/

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