In case of Adverse possession in Arizona, can someone who has lived in the property for over five years and paid all the taxes, file an affidavit of adverse possession with the county, without filing the quiet title action with the court? Will the county record the affidavit? The attorney Mesh Clark Rothschild mentioned the following on one of his posts:
"Although a person’s possession or use may be sufficient to establish transfer of title by adverse possession or a prescriptive easement, the possessor can lose those acquired rights in the land if they do not timely take steps to establish and record their adverse possession or prescriptive easement."
So my question is: would an affidavit of adverse possession filed with the county validate the adverse possession?
In case of Adverse possession in Arizona, can someone who has lived in the property for over five years and paid all the taxes, file an affidavit of adverse possession with the county, without filing the quiet title action with the court? Will the county record the affidavit? The attorney Mesh Clark Rothschild mentioned the following on one of his posts:
"Although a person’s possession or use may be sufficient to establish transfer of title by adverse possession or a prescriptive easement, the possessor can lose those acquired rights in the land if they do not timely take steps to establish and record their adverse possession or prescriptive easement."
So my question is: would an affidavit of adverse possession filed with the county validate the adverse possession?
Thank you for your help.
Adverse possession in Arizona is controlled partly by statute (laws passed by the state legislature, at Ariz. Rev. Stat. §§ 12-522 and following.), but also by state courts. The trespasser's possession must be:
hostile (against the right of the true owner and without permission)
actual (exercising control over the property)
exclusive (in the possession of the trespasser alone)
open and notorious (using the property as the real owner would, without hiding his or her occupancy), and
continuous for the period set by state statute (in most cases ten years under Ariz. Rev. Stat. § 12-526, though with important exceptions).
Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
3y
Not sure why you resist the need for a court order. After all you’d be getting a property for nearly free, just by playing by the rules of law. As my friend Ellis accurately states, you will not have marketable title without a court order quieting title to the entity (you) purporting to be in possession.
Every state and commonwealth in the U.S. has code and case law which favor A.P. in public policy. However, each has its own quirks as to length of time, “color of title” or “claim of right” situations, etc.
A.P.is the method of obtaining title of last resort. Without quieting title through the court you would never have title that can be passed (transferred) with title insurance, hence no way to sell or borrow. However, there are other ways to clear title that avoids the risks associated with A.P.that goes bad and leaves you to defend yourself against angry heirs or Squatter-Busters.
A lot of people talk about using A.P. but most are bluster and have no experience. I love it when judges ask me advice and we go off record to help clarify the minutia of the process they only heard about in law school.