ARIZONA HOUSE OF REPRESENTATIVES

HB 2519: adverse possession; notice; market value

PRIME SPONSOR: Representative Kern, LD 20

BILL STATUS: Judiciary & Public Safety

Abstract

Relating to adverse possession actions.

Provisions

1. Requires a person seeking adverse possession to provide a notice of intent to the parcel owner before the adverse possession can commence.  Notice must be provided to:

a. The owner shown on the current tax role; and

b. Any party with a legal or equitable interest in the property recorded with the county recorder. (Sec 1)

2. Places the burden of proof on the person claiming adverse possession. (Sec 1)

3. Allows the court to award attorney fees and costs to a party that successfully defends against an adverse possession claim. (Sec 1)

4. Requires the adverse possessor to pay the fair market value of the property to the property owner, if the court grants possession to the adverse possessor. (Sec 1)

5. Makes technical changes. (Sec 1)

Current Law

A.R.S. Title 12, Chapter 5, Article 2 outlines the statutory limitations to bring an action to recover property from an adverse possessor under various conditions. A.R.S. § 12-522 states that actions to recover real property from an adverse possessor must be commenced within two years after the cause of action accrues, if the claim is by right of possession only. A.R.S. § 12-523 states an action to recover real property claimed by an adverse possessor under title or color of title must be commenced within three years after the cause of action accrues. A.R.S. §§ 12-524, 12-525 requires an action to recover a city lot or real property from an adverse possessor who has a recorded deed and has paid property taxes to be commenced within five years after the cause of action accrues. A.R.S. § 12-526 states an action to recover any lands, tenements or hereditaments from an adverse possessor cultivating, using and enjoying such property up to 160 acres to be commence within 10 years after the cause of action accrues. A.R.S. § 12-527 provides that when an action for recovery of property is barred by a statutory limitation, the adverse possessor is entitled to the full title of the property. 

Additional Information

Adverse possession is a doctrine under which a person who possesses land that is owned by another person may acquire valid title to the land, as long as specific conditions are met (Cornell Law).

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Fifty-third Legislature                  HB 2519

Second Regular Session                               Version 1: Judiciary & Public Safety

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