Adverse possession—often called squatters' rights—allows someone to claim ownership of a property if they meet strict legal conditions. In Arizona, the standard requirement is 10 years of open, continuous occupation.
But are there exceptions that allow a claim in less time?
Yes, but they come with strict conditions. Here’s what you need to know.
Exception 1: Reduced Time Requirement with “Color of Title”
A squatter may claim ownership in just three years if they have color of title.
What Is Color of Title?
A defective or invalid deed that the squatter believes gives them ownership
A fraudulent, forged, or incorrect title that still appears legitimate
A claim based on improperly transferred property rights
If a squatter holds a bad deed but occupies the property for three years and pays property taxes, they can attempt to claim ownership.
Defense: Check property records and contest fraudulent claims immediately.
Exception 2: Five-Year Adverse Possession with Tax Payments
If a squatter openly occupies a property and pays property taxes for five years, they may claim ownership.
For This to Apply, They Must:
Continuously live on the property for five years
Pay all property taxes for five years
Occupy the land in an open and notorious manner (not hiding their presence)
Few squatters actually pay property taxes. If they haven’t, their claim is invalid.
Defense: Check county tax records to prove they haven’t paid and contest their claim.
Exception 3: Government & Public Land Is Immune
A squatter CANNOT claim ownership of government-owned or public land.
What This Means:
No one can use adverse possession to take federal, state, or county land
Abandoned city-owned lots, parks, and roads are exempt
If land was previously public but later sold to a private owner, adverse possession may apply
If the land belongs to the government, squatters’ rights do not exist.
Defense: If someone claims rights to public land, report it to local authorities immediately.
Exception 4: Continuous Use of an Easement (Not Full Ownership)
Arizona allows adverse possession claims on easements, but NOT full property ownership.
What This Means:
If someone continuously uses part of your land (like a driveway or pathway) for 10 years, they may gain a legal right to keep using it
This does not transfer ownership—just the right to use that specific portion of the property
You could lose land access if someone uses it unchecked for a decade.
Defense: Block unauthorized use or take legal action before 10 years pass.
Exception 5: Fraud, Forgery, or Illegal Acts
If a squatter’s claim is based on fraud, forgery, or deceit, their case is automatically invalid.
Situations That Do NOT Qualify for Adverse Possession:
Forged or faked documents attempting to show ownership
Squatters breaking in or using force to occupy the home
Any unlawful activity or threats against the rightful owner
Fraudulent claims don’t hold up in court—challenge them immediately.
Defense: Provide police reports, title records, and legal documentation proving fraud.
Final Takeaway: Arizona’s Adverse Possession Law Has Strict Exceptions
Standard squatters’ rights require 10 years, but certain exceptions allow for faster claims.
Exceptions That Reduce the Time Requirement:
3 Years – If the squatter has color of title (a defective deed) AND pays taxes
5 Years – If they occupy the property AND pay all property taxes
10 Years – Standard requirement for full adverse possession
Situations Where Adverse Possession Does NOT Apply:
Government or public land
Fraudulent or illegal claims
Temporary or hidden occupation
Claims based on trespassing, force, or coercion
Protect your property by checking ownership records, monitoring tax payments, and removing unauthorized occupants quickly.
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