What This Statute Says
This is the shortest of the Arizona real property limitations periods. When someone holds land without any deed, recorded instrument, or other paper title, claiming only the right of possession, the record owner has two years to act.
When a party in possession claims real property by right of possession only, actions to recover possession from him shall be commenced within two years after the cause of action accrues and not afterward. In such actions defendant is not required to show title or color of title from and under the sovereignty of the soil as against the plaintiff who shows no better right.
A.R.S. § 12-522When This Statute Comes Into Play
Common situations:
- A squatter moves onto land owned by an estate or trust and refuses to leave.
- A neighbor extends a fence or garden into estate property without any documented basis.
- A former tenant holds over after a lease ends with no continuing right.
What This Means for Arizona Families
Estates and trusts often hold vacant land that nobody visits regularly. A squatter or aggressive neighbor can quickly take advantage of the inattention. This statute is the reason Arizona personal representatives and trustees should walk every parcel within the first months of administration.
Two years is not long. If you discover someone occupying estate property without a deed or other paper basis, do not wait to act. Send a written demand, document the unlawful possession, and consult an Arizona probate or real estate attorney quickly. Our FAQ on managing real estate during probate or trust administration covers the practical playbook. A quiet title action or forcible detainer suit may be the right next step. Once the two years pass without action, the occupier can argue you slept on your rights, and even a clear warranty deed in the estate's name does not guarantee the fast remedy. The trustee who acts within two years protects the asset; the one who waits often loses optionality.