House of Representatives

HB 2380

adverse possession

Sponsors: Representatives McClure, Cooley, Avelar, Binder et al.

X	Committee on Judiciary
	Committee on Counties & Municipalities
	Caucus and COW
	Third Read
	As Passed the House

HB 2380 extends the time period required for a person to acquire complete title to residential real property and requires the adverse possessor who prevails in court to pay the owner of the residential property the fair market value of the property.

History

Adverse possession is an actual and visible appropriation of land, commenced and continued under a claim of right inconsistent with and hostile to the claim of another. Barron’s Law Dictionary, 3rd ed. 1991. The possession must be continuous and uninterrupted by an adverse action by the record owner to recover the estate. Arizona Revised Statutes section 12-526 prescribes that a land owner must bring a cause of action for recovery of the owner’s land from a person who has peaceable and adverse possession of the land within ten years.

Provisions

· Increases the length of time a residential land owner has within which to file an action to recover land from an adverse possessor from 10 years to 15 years.

· Requires the adverse possessor who prevails in court to pay the residential land owner the fair market value of the property.

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· 45th Legislature

· Second Regular Session 2 February 18, 2002

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