Dale Zeitlin

About Dale Zeitlin

Dale Zeitlin is a real estate attorney at Zeitlin & Zeitlin PC based in Phoenix, Arizona. Real estate practice in Arizona is grounded in ARS Title 33 (property transactions, deeds, encumbrances) and Title 32 (real estate broker licensing), covering purchase and sale disputes, title and easement issues, and broker liability claims. See contact information below.

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Education

• Law School: Arizona State

Common questions about Real Estate in Arizona

Answered by Arizona Attorney Search Network

What is an easement in Arizona?

An easement is a non-possessory right to use another's property for a specific purpose - access (driveway), utility lines, or a view. Easements may be created by express grant (recorded deed), prescription (long use, similar to adverse possession under ARS § 12-526 with 10 years), implication, or necessity. Easements run with the land and bind future owners until terminated.

How does adverse possession work in Arizona?

Under ARS § 12-526, a person can acquire title to land by 10 years of continuous, open, hostile, exclusive possession (or 5 years if also paying taxes under ARS § 12-525). Adverse possession claims require strict factual proof and are most commonly used to fix boundary disputes or resolve historical title gaps. The doctrine does not apply against state-owned land.

What disclosures are required when selling a home in Arizona?

Arizona uses the SPDS (Seller Property Disclosure Statement) form requiring disclosure of known material defects affecting the property's value. ARS § 32-2156 requires disclosure of certain conditions including lead-based paint (federal), termites, septic systems, and homeowner association status. Failure to disclose known material defects can support fraud and rescission claims.

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