How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
18572087
Type Your Real Estate Law Question Here...
Dimitry Esquire is online now
A new question is answered every 9 seconds

Arizona Adverse Possession Laws

Customer Question

Arizona Adverse Possession Laws
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns.
Are you just asking for the actual laws or do you have a specific question also? Please advise!
Customer: replied 1 year ago.
i have been paying the taxes on this property and need to remove the other owner who has never paid. i have maitained the roads and improments to the property and would like to file a suit.
Customer: replied 1 year ago.
i have all the documentation needed.
Expert:  Dimitry Esquire replied 1 year ago.
I see, and you wish to know what adverse possession is, and if you qualify? Who physically is on this property, you or this other person?
Customer: replied 1 year ago.
just me he has never moved.
Expert:  Dimitry Esquire replied 1 year ago.
Then I am a bit unclear as to why you feel adverse possession is even the issue. Is he claiming that he is adversely possessing the property? Is he on 'his' property, or is he located on your property?
Customer: replied 1 year ago.
no he is in florida
Customer: replied 1 year ago.
i know no other way to remove remove him, he was high and stopped paying he share. i am at the 5 year limit for adverse i need to do something he has never resided here has no property here.
Customer: replied 1 year ago.
he has not moved here wont return or answer my calls, throws away my registered mail, will not respond to emails
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
My apologies but unless you are physically on the premises, the adverse possession laws won't help you. One of the conditions is, well, to actually 'possess' the property, and not just look at it through your partition. Furthermore, if he is an owner along with you, then he is not adversely possessing the property, and neither are you, as you are part owner yourself. You cannot adversely possess property you already partially own. You can only possess someone's property that you do not own at all, and by physically possessing it for the requisite amount of time. Unless I am misunderstanding the property is either something you co-own together and he is not paying his fair share (which won't qualify for adverse possession as you own it too), or it is a neighbor but you are not physically on the premises, which likewise won't qualify under the codes. If I am mistaken, please let me know so I can best amend my response but if I understood you correctly neither option qualifies under the adverse possession statute.
Sincerely,
Dimitry, Esq.
Customer: replied 1 year ago.
i just need a clear title to both properties
Expert:  Dimitry Esquire replied 1 year ago.
Hello, You need to physically possess the property, not simply file for adverse possession, and you need to be there long enough to qualify under state laws. You cannot file for adverse possession without physically possessing the property first, and paying taxes on it is not sufficient to show possession. Sincerely, ***** *****
Customer: replied 1 year ago.
i paid the taxes and have lived on the property for 5 years
Expert:  Dimitry Esquire replied 1 year ago.
In whose name is ***** ***** currently listed under? Is the title solely under his name, or is the title under both names, specifically his name and your name?
Customer: replied 1 year ago.
both names
Expert:  Dimitry Esquire replied 1 year ago.
Then you cannot use adverse possession to do so. You can only use adverse possession as a tool when you are on someone else's property and you do not own it. What you can do here is seek a partition sale or a judicial sale to remove him and buy under your own name, and sue him to recoup your expenses, but adverse possession is not a viable option at all. Sincerely, ***** *****
Customer: replied 1 year ago.
can you point me to a lawyer that can handle this for me?
Expert:  Dimitry Esquire replied 1 year ago.
Hi, I do apologize but we here cannot provide you with a referral. But I can suggest that you browse the listings at www.avvo.com and www.martindale.com. There you can search by fees, location, experience, and expertise, and you can review past client testimonials. I use this service myself for my own clients when I need to refer out and do not have personal contacts within that specialization or that location. Sincerely, ***** *****
Expert:  Dimitry Esquire replied 1 year ago.
Hi,
I was most glad to assist you this afternoon. If satisfied, kindly do not forget to positively rate so that I can obtain credit for my work. Thank you!
Sincerely,
Dimitry, Esq.

Related Real Estate Law Questions