Phoenix, AZ asked in Real Estate Law for Arizona

Q: Does AZ. Have a legal time frame for right of ingress and egress being grandfathered ?

Neighbor says my driveway is on his property. Current configuration has been established for 17 years. I have owned for 3 years. No mention of this until 7/28/20 .

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: Arizona has statutes of limitation for recovery of real property that has been appropriated and used exclusively by another--such as your driveway. If action is not taken to recover such property, the user of the property can apply to the court to become its owner under the doctrine of adverse possession. The time period for this is usually 10 years. I recommend that you seek the advice of a real estate attorney to see if you qualify to make an adverse possession claim.

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