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William Small Purchased Three Lots Located in the El Encanto

Question 19

Multiple Choice

William Small purchased three lots located in the El Encanto subdivision in Tucson, Arizona, from the Mullins. Small had the lots reconfigured so that he could build a certain style and positioned home, but then changed his mind. The plat map still carried the original lot lines. Over the course of 12 years, three homes and two swimming pools along with patio home walls between each of the lots were added. Architects for the homes used the plat maps. The result was that the homes, pool, and walls encroached on the boundary lines of the other lots, according to the legal description Small had put on the deeds. If the adverse possession statute in Arizona is 10 years:


A) Small still has title to the original land because the boundary confusion is a mistake.
B) Those who own the encroaching homes and pools have acquired title.
C) The use is permissive and does not qualify for adverse possession.
D) Small needs to be aware of the adverse possession before the 10 years begins to run.

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