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Christine Garnier
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49
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Affidavit of Adverse Possession in Arizona

Posted

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.

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Ellis San Jose
  • Specialist
  • Westlake Village, CA
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1,415
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Ellis San Jose
  • Specialist
  • Westlake Village, CA
Replied

In a word "No" you won't have "marketable" title simply from filing an affidavit.

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