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§ 33-1224 - Easement for encroachments. To the extent that any unit or common element encroaches on any other unit or common element as a result of original construction, shifting or settling, or alteration or restoration authorized by the declaration, a valid easement for the encroachment exists.
Under Arizona law, adverse possession occurs where there is actual possession of the property, the possession is open and notorious, hostile, under a claim of right, and was exclusive and continuous for at least ten consecutive years.
Regular property inspections can alert the true owner to any unauthorized use and are always beneficial to ensure your property is unoccupied. Leasing the property can also effectively thwart any claims of adverse possession since it delineates a legal agreement between the owner and occupant.
To prevent a claim of right through adverse possession, you can take some precautions to help protect your property, such as: Clearly marking the boundary lines. Walking your property lines to check for any signs of trespassing. Installing ?No Trespassing? signs to deter unwanted visitors.
Unlike some states that require two decades of occupation, Arizona permits a squatter to take possession after two years (under certain circumstances). Arizona's adverse possession laws require an individual to occupy an otherwise neglected property publicly for at least 2 years.