A squatter is someone who occupies real property without paying rent or mortgage and without the owner’s permission. Some people will attempt to take advantage of squatters’ rights so they can gain ownership of a property without paying for it. This article discusses how that can happen, and offers guidance on how to avoid a squatters’ rights claim made against your property.
How Can A Squatter Acquire My Property?
A squatter can acquire someone else’s property through “adverse possession.” There are five distinct requirements a squatter must satisfy in Arizona to make a successful adverse possession claim. The occupation by the squatter must be:
• Actual – the squatter must prove he has, in fact, been living continuously on the property.
• Obvious – the squatter’s possession of the property must be obvious to anyone. He cannot try to hide the fact that they are in fact living on the property.
• Exclusive – the squatter must be the only occupant of the land or building. Sharing the possession with anyone else (except another squatter) would invalidate an adverse possession claim to the property
• Continuous – the squatter must live on the property for a continuous and uninterrupted period of time. In Arizona, the continuous possession period required for one to make an adverse possession claim can be anywhere from 2 to 10 years. The exact time is dependent upon the specific circumstances.
• Hostile – this requirement is met where the party asserting a claim through adverse possession shows, through his conduct, that he intends to hold title of the property against everyone else, including the true title holder. If the squatter is able to satisfy these requirements, he or she will acquire legal title to the property.
How to Get Rid of Squatters in Arizona
Arizona has several laws designed to assist you in removing squatters from your property:
Calling Law Enforcement
Arizona has a “guest removal” statute, which originally was enacted to allow landlords to remove unwelcome guests of their tenants. This statute has been applied to squatters under Arizona case law. It gives a landlord the power to immediately remove any “guest” who is not named on the written lease. Simply calling the police can get the squatters off of your property if this applies to your situation (ARS § 33-1378). That provision, however, only applies in certain situations. In most cases, you may need to go through the state’s judicial eviction process.
Filing an Unlawful Detainer action.
Unlawful Detainer actions (evictions) are expedited proceedings to determine which party is entitled to possession of the subject property. The landlord will typically prevail in such an action by establishing there is no existing lease or other agreement authorizing the squatter to be living on the property. This procedure is appropriate for squatters who are claiming to be tenants, and holdover tenants who refuse to leave.
Filing an action to Quiet Title
An action to quiet title is used to prevent a squatter from establishing ownership over the land. This is a regular civil case that determines title to the land by removing doubtful claims to it. If the squatter is asserting ownership of the property (as opposed to an interest arising from a rental agreement) this type of lawsuit will resolve the dispute. In Arizona, a landlord has three years to challenge an adverse possession claim if one has been filed. Filing a ‘quiet title” lawsuit can be one of the ways that you challenge the claim.
Protecting against Squatters
The best protection against squatters is to pay attention to what is going on with your property, either personally or by using a property management company. You can also post no trespassing signs on your property or install an alarm.
Please contact Lynx Legal Service with any questions on the above or if you are ready to start a case. We can be reached at 888-441-2355 or info@lynxlegal.com. Our experienced professionals are standing by to answer any inquiries you may have.