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

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Seller and Buyer Should Mediate Before They Litigate

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Question: We signed a purchase contract to buy an expensive home in Carefree. We deposited $25,000 earnest money. Because of…

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CC&Rs Can Allow An HOA To Approve Potential Tenants

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Question: The problem in our community in Tempe is not short-term rentals, but rentals to ASU college students who turn…

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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!