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.