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

Christopher Combs lectures at Arizona State University

ASU Lecture by Attorney Chris Combs

November 6, 2017

Arizona State University Lecture by Attorney Chris Combs to the Upper-Level Contemporary Policy Challenges class (ASU School of Public Affairs)…

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New Arizona Real Estate Laws Effective in 2017

September 29, 2017

New Arizona Real Estate Laws In the Arizona legislative session for 2017 the legislature enacted many new Arizona laws that…

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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!