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Tucson, AZ asked in Real Estate Law for Arizona

Q: I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property

I’m am a property owner, purchased in the last 6 months and hold deed. I have an individual residing on my property unlawful. I have no knowledge nor did I enter into any agreement with this individual to allow their occupancy of my property. Signs were posted and since removed. I’m inquiring the correct and lawful means to have this individual removed from said property. They loosely mentioned having either a deed or rental agreement for the property although has not disclosed as to where they have acquired said paperwork nor have they provided any proof of said documents. I have responded to my verbal demands with threat of law enforcement. I’m lost as to the correct measure in order to evict or expel this individual from my property please advise

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3 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered

A: Because he mentioned a deed, you may need to perform a title search. In any event you must hire an attorney to prosecute a possessory action or eviction now. Adverse Possession is a very real risk, and your Deed is possibly void for Champerty.

Peter H. Westby
Peter H. Westby
Answered
  • Scottsdale, AZ
  • Licensed in Arizona

A: This can be complicated. The easiest way to remove this individual is to ask the police to remove him as a trespasser. If this is not successful, you may need to file an eviction action or, depending upon what documents this person has, a quiet title lawsuit may be needed. It is possible that you might get help from your Title Insurer. I strongly recommend that you speak with a real estate attorney before deciding upon a course of action. Cases like yours will require different remedies depending on the facts and your lawyer will need to learn all the facts before he or she can advise you.

Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered

A: Your AZ lawyer needs to practice real property litigation. Hopefully an Ejectment Action will not be necessary. You should have searched both the title and the property prior to paying for a conveyance.

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