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    A.R.S. § 12-523

    Arizona's Three-Year Real Property Limitation Under Color of Title

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    When the person occupying land holds peaceable and adverse possession under title or color of title, Arizona requires the true owner to sue within three years. Color of title means a chain of paper transfers from the sovereign, even if some links are defective. The shorter period rewards possessors with at least a documentary basis.

    Title 12, LIMITATIONS OF ACTIONS

    azleg.gov

    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. § 12-523

    When 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.

    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. B. "Title" means a regular chain of transfer from or under sovereignty of the soil. "Color of title" means a consecutive chain of such transfer down to the person in possession without being regular, as if one or more of the memorials or muniments is not recorded or not duly recorded or is only in writing, or such like defect as does not extend to or include the want of intrinsic fairness and honesty, or when the party in possession holds the real property by a land warrant or land scrip, with a chain of transfer down to him in possession.

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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