Adverse Possession

July 18, 2016

Adverse possession involves taking property which does not belong to you. There is a lawful process. Still, the whole thing stinks, more than a little bit.

Adverse possession laws exist for a reason: the law wants to encourage the productive use of property. If someone uses property in a productive manner, even if he or she does not own it, the law gives him or her the benefits attendant to ownership.

Statues define the necessary elements for an adverse possession claim, but court decisions have fleshed out t issues. In Arizona there are several adverse possession statutes; however, the most commonly used statute is A.R.S. § 12-526. The statute permits a transfer of title to someone holding the property

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