Arizona Adverse Possession Requirements
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FAQ
There must be actual, open, and notorious occupation of the premises in such a manner that constitutes reasonable notice to the record owner. Occupation must be both exclusive and hostile to the title of the true owner. There must be uninterrupted and continuous possession for at least five years.
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.
Article 65 of the Limitation Act, 1963 defines the period to claim the plea of adverse possession. It specifies that the period of 12 years is a mandate to claim the same. However, the period of 12 years starts when the possession becomes adverse to the actual owner. For example, X trespasses on the land owned by Y.
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.
Therefore, a person who claims adverse possession should show : (a) on what date he came into possession, (b) what was the nature of his possession (c) whether the factum of possession was known to the other party, (d) how long his possession has continued, and (e) his possession was open and undisturbed.