Arizona Adverse Possession Requirements

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US-00938BG
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Description

Title to land can be acquired by holding it adversely to the true owner for a certain period of time. In such a case, the person in possession gains title by adverse possession. The person in possession automatically becomes the owner of the property even though the person had no lawful claim to the land. In order to acquire title in this manner, possession must be actual, visible, exclusive, and continuous for a certain period of time.


This form is a generic example of a complaint to quiet title by a person claiming adverse possession. This form may be referred to when preparing such a pleading for your particular state, although such a complaint must be tailored to the law of the state where the action is to be filed.

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  • Preview Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights
  • Preview Complaint to Quiet Title by Person Claiming Adverse Possession - Squatters Rights

How to fill out Complaint To Quiet Title By Person Claiming Adverse Possession - Squatters Rights?

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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.

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Arizona Adverse Possession Requirements