Beware: Arizona Supreme Court Opens Door for Property Theft via Adverse Possession

  1. Landlord Tenant
  2. Beware: Arizona Supreme Court Opens Door for Property Theft via Adverse Possession
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Landlord Tenant, Real Estate

Recent changes in Arizona real estate law have created a serious risk for property owners. The Arizona Supreme Court’s ruling in the case of Dominguez v. Dominguez has made it easier for criminals to take ownership of real estate through adverse possession—even when using forged deeds. This ruling took effect on April 16, 2025, and it has significant implications for anyone who owns or inherits property in Arizona.

What is Adverse Possession?

Adverse possession in Arizona is a legal principle that allows someone to claim ownership of land if they openly occupy it for a certain period without the true owner’s permission. Traditionally, this process requires strict conditions and is designed to resolve long-term property disputes. However, this recent ruling has expanded how adverse possession can be applied, making it vulnerable to misuse.

How Criminals Can Exploit This New Ruling

Under the updated interpretation of Arizona’s adverse possession statute (ARS 12-522), fraudsters can now use forged deeds to claim property titles. This means someone could potentially steal your family’s real estate by filing fraudulent documents and then claiming ownership through adverse possession. This loophole puts inherited homes and family properties at high risk of illegal takeover.

What You Need to Know to Protect Your Property

  • Regularly check your property records for suspicious claims.
  • Be alert to unusual legal notices about your real estate.
  • Inform family members about the risk, especially for inherited property.

Protecting Your Real Estate in Arizona

With this ruling, vigilance is more important than ever. If you suspect someone is trying to take your property through adverse possession or fraudulent deeds, act quickly to protect your rights and prevent permanent loss.

Take Action Now

Don’t let criminals take what belongs to you. Stay informed and protect your property against adverse possession fraud. If you have concerns or need legal advice about your Arizona real estate, contact us for help and support.

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