Who can claim property based on adverse possession in Arizona?

But perhaps none is as troubling as their potential claims against your property through a legal doctrine called adverse possession. To make sure that 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, which are slightly different from other states.

Where does the term adverse possession come from?

Adverse possession is a legal concept that allows a trespasser—sometimes a stranger, but more often a neighbor—to gain legal title over the land of the property owner. The concept developed in early modern Europe.

What to do if you are in adverse possession of land?

If you are affected by an adverse possession situation, see a local lawyer to rely on the most recent court cases. The trespasser must actually be in possession of the property and treat it as if he were an owner. This means there must be a physical presence on the land.

Can a sign alert a trespasser to adverse possession?

Signs can alert a trespasser that the land belongs to someone else, but are not protection against adverse possession unless state law requires the trespasser to believe that he is on his own land to make a claim (see “Hostile Claim,” above). Signs are never a substitute for periodic inspection of the property.

What does adverse possession mean in Arizona law?

The legal doctrine known as ” adverse possession ” allows trespassers who openly inhabit and improve an otherwise abandoned piece of property to gain title to that property after certain conditions are met.

What should I do if I suspect adverse possession of property?

If you are a landowner, keep an eye on your property. If you suspect that someone has a possible adverse possession claim, check property tax records to see if this person (or anyone else) has made tax payments on the property. To prevent a trespasser from gaining property ownership, you can take the following steps:

How long does it take to recover adverse possession in Arizona?

Arizona Adverse Possession Laws. The Arizona statute sets out the three-year limitation thusly: An action to recover real property from a person in peaceable and adverse possession under title or color of title shall be commenced within three years after the cause of action accrues, and not afterward.

How much land can a trespasser take by adverse possession?

Through adverse possession, a trespasser can gain ownership of just a few feet of property or hundreds of acres. And the trespasser doesn’t need to intend to take the land by adverse possession.