Evictions and Ownership Disputes
Arizona law is clear that eviction cases are designed to address the issue of possession and not the issue of property ownership. The limited scope of a forcible entry and detainer action has been strictly defined by Arizona statute. A.R.S. § 12-1177(A) states in...
Assessment Lien Well
It is common for well share agreements to have a provision whereby a lien can be levied under ARS 33-1256 and ARS 33-1257 for unpaid dues. Steps to Recording an Assessment Lien Pre-lien Letter. At least thirty (30) days prior to recording an assessment lien on a...
What is a Lis Pendens
Lis Pendens is a formal notice recorded with the local county recorder that puts the world on notice that there is pending legal action regarding a specific piece of real property. The lis pendens is filed with the clerk of the court and then filed with the...
Injunctions and Shared Wells
In the world of law, there are times when simply awarding money will not resolve a dispute. Sometimes, you need the court to step in and say, "Stop that!" or, less commonly, "Make it happen!" That's where injunctions come in. An injunction is an order issued by a...
Motion In Limine
Understanding Motions in Limine in Arizona Litigation Motions in limine play a critical role in shaping what evidence is ultimately presented to a jury. These pretrial motions are often filed in both civil and criminal cases and can significantly influence the course...
48 Hour Notice to Enter
A 48 hour notice must be given to Arizona tenants before their landlord can legally enter the rental property. Arizona landlords have the right to periodically enter their rental properties, however, the Arizona Residential Landlord Tenant Act states that entering the...
Rule 26.1 Disclosure Statement
Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as "Rule 26.1 Statements" or...
Surface Water Rights
Learn How to Purchase Surface Water Rights in Arizona On June 12, 1919, the Arizona Surface Water Code was enacted. Now known as the Public Water Code, this law provides that a person must apply for and obtain a permit and certificate to appropriate (use) surface...
Well Drilling in Arizona
Drilling a water well in Arizona is not as simple as calling a driller and picking a spot on your land. Arizona tightly regulates groundwater, and every new well begins with formal permission from the Arizona Department of Water Resources (ADWR). Understanding that...
Improperly Recorded Documents
In Arizona, there are no real protections that prevent someone from recording fraudulent documents with a county recorder. A person can literally quit claim the Arizona State Capital building to themselves and the county will record it. The recorder’s office does not...
Testing Well Water
To keep your well water clean and well operating at peak performance, regular water testing is a must. Private well owners are solely responsible for the quality of their drinking water. So, it is up to you, how and when to test your water. ...
Arizona Water Canals
The Ancient Desert Dwellers The ancestors of present-day Salt River Pima-Maricopa Indian and Gila River Indian communities were farmers who lived in central and southern Arizona for about 1,400 years before European and American explorers came to the region. The...
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