What This Statute Says
This statute defines the second shortest Arizona adverse possession window. Possession must be peaceable and adverse, and the possessor must hold under title or color of title. The section also defines those two key phrases.
A. An action to recover real property from a person in peaceable and adverse possession under title or color of title shall be commenced within three years after the cause of action accrues, and not afterward.
A.R.S. § 12-523When This Statute Comes Into Play
This rule comes up when:
- A buyer received a deed years ago that traces back to a sovereign grant, but one link is defective.
- An heir holds under a deed from a relative whose own chain is incomplete.
- A long-time possessor relies on a written instrument that purports to convey the land but contains a flaw.
What This Means for Arizona Families
Many Arizona families discover after a death that a parent or grandparent acquired property with a deed that is not quite right. A missing signature, an incomplete chain, or a defect in the recording. This statute is often the path to fixing the problem.
If your family has held property peaceably for three or more years under any sort of paper that connects to a sovereign grant, color of title may protect your possession. Our FAQ on what happens to a house that is not in a trust covers the related question of how real property passes at death. A quiet title action remains a court proceeding, and the quitclaim deed alone usually does not solve the problem. An Arizona real estate attorney can analyze the chain of title and advise whether 12-523 supports a fast quiet title judgment. When it applies, this section is one of the most useful tools in Arizona real property law.