Skip to content
Call us today: (602) 957-9810

DEED RESTRICTIONS & ADVERSE POSSESSION

Deed Restrictions / Adverse Possession

Deed restrictions are restrictions on a deed of real property that place limitations on the use of the real property. Deed restrictions are attached to the property and generally cannot be changed or removed by subsequent owners. Deed restrictions include CC&Rs that are typically recorded by the developers at the time of development to govern the use of the community by homeowners.

In interpreting deed restrictions, the older Arizona court decisions attempted to restrict the effect of deed restrictions in favor of free use of the real property. Modern Arizona court decisions now use an “intent of the parties” interpretation.

Clients seek legal advice from our attorneys on how to create or amend deed restrictions. They also seek legal advice on specific amendments to address specific new problems in their community, such as short-term rentals.

Frequently Asked Questions about Deed Restrictions & Adverse Possession

COMBS LAW GROUP ARTICLES

short-term rental sites

Short-Term Rental Can Significantly Boost Income

January 12, 2020

Question: We own a rental home in Scottsdale that is not in an HOA community. We have had a good…

Read More >>

Constitutional Amendment Needed to Allow Regulation by Cities and Towns of Short-Term Rentals

January 5, 2020

Question: In a recent column you said that if twelve Sedona homeowners wanted to prohibit Airbnb and VRBO short-term rentals…

Read More >>

What Our Clients Are Saying

Dear Chelsea, Thank you! We are very pleased to know that it looks like we will not have to settle this in court. Thank you for all of your advice and legal assistance in this matter!