§ 6.0 Priority of Third-Party Interests

JurisdictionArizona

§ 6.0 — Priority of Third-Party Interests

In this section, we address the priority of third-party interests when there are competing claims by different third parties. Although there are no "one-size fits all" solutions, there is one rule of general application when it comes to priority in the absence of other controlling law. That is, "first in time is first in right."

The "first in time" principle is settled law, dating back to Arizona's territorial days. As our supreme court has observed, "[t]he natural...

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