Time For Adverse Possession In Arizona
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FAQ
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.
To determine possession of the lands in court, a claimant must meet a threefold test: (1) actual possession of the disputed lands for a period of ten years, (2) the intention of excluding the true owner from possession, and (3) the actual exclusion of the true owner from possession throughout the ten year period.
Affidavits from witnesses: Affidavits from neighbours and witnesses who have seen the possessor in exclusive possession of the property for the statutory period can be used to prove adverse possession.
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.
Under A.R.S. § 12-525, if the adverse possessor has a recorded deed (that is not forged) and is paying taxes on the land, the time required for a valid adverse possession claim is 5 years. Other adverse possession claims fall under A.R.S. § 12-526, which calls for 10 years of possession for a valid claim.