If someone allows another person to live on their land temporarily, can they take this right away at any time?
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If someone allows another person to live on their land temporarily, can they take this right away at any time?
My family allowed another family to stay on the land until they could find their own. Recently, this family has been drinking, littering the land, and becoming violent with my family. We have asked them several times to move off our land but they have not done so. Is this considered trespassing? Can we have local law enforcement escort them off the land immediately?
Asked on June 20, 2012 under Real Estate Law, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 12 years ago | Contributor
In Arizona, third degree criminal trespass is defined as knowingly entering or remaining unlawfully on real property after a reasonable request to leave by the owner (ARS Section 13-1502). Yes, they are trespassing and you can file a criminal complaint. Be aware also that if they remain there too long (10 years or more) they may have a claim to the land under the law of "adverse possession."
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