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A.R.S. § 12-526: Ten-Year Adverse Possession

Real property in adverse possession and use by possessor; ten year limitation; limit of area; fixing of boundaries under duly recorded memorandum of title

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How long does adverse possession take in Arizona?

In Arizona, a person seeking to recover land from someone who has peaceably and adversely possessed, cultivated, and used it must sue within ten years, and the adverse possession claim is limited to one hundred sixty acres (or the smaller enclosed area) unless the possessor holds under a duly recorded written memorandum of title that fixes the boundaries, in which case the possession extends to those boundaries.

Full statute text

Official text last checked against azleg.gov:

12-526. Real property in adverse possession and use by possessor; ten year limitation; limit of area; fixing of boundaries under duly recorded memorandum of title

A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having peaceable and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action accrues, and not afterward.

B. The peaceable and adverse possession referred to in subsection A shall not embrace more than one hundred and sixty acres, including the improvements or the number of acres actually enclosed if less than one hundred and sixty acres is so enclosed, but when such adverse possession is taken and held under some written memorandum of title other than a deed which fixes the boundaries of the possessor's claim and is duly recorded, such possession shall be construed to be coextensive with the boundaries specified in such instrument.

AI-drafted summary, not attorney-reviewed. Statute text verified against azleg.gov. Legal information, not legal advice — consult a licensed attorney for your situation.

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