What This Statute Says
This section applies specifically to lots in a city or town. The possessor must have a recorded deed, claim ownership, and have paid the property taxes during the five-year period. If those elements are met, the true owner is barred after five years.
An action to recover a lot located in a city or town from a person having a recorded deed therefor, who claims ownership and has paid the taxes thereon, shall be brought within five years after the cause of action accrues, and not afterward, provided that the person against whom the action is brought, by himself or his grantors, has claimed ownership thereof and has paid the taxes thereon for at least five consecutive years next preceding the commencement of such action.
A.R.S. § 12-524When This Statute Comes Into Play
Common scenarios:
- An urban lot was conveyed by a defective deed years ago and the buyer has openly paid taxes since.
- A family member received a city home through a deed with a chain-of-title problem and has been paying taxes for more than five years.
- A buyer at an old tax sale has held a city lot and paid every subsequent tax bill.
What This Means for Arizona Families
City lots are often the most valuable single asset in an Arizona estate. When the chain of title to a home or commercial parcel has a defect, this section can resolve it in five years if the family has been paying taxes and acting like the owner.
If you serve as a personal representative for an estate that includes urban real property with any title concern, gather the deed, the recording history, and five years of tax receipts. Those documents are the elements of a 12-524 quiet title action. Our FAQ on managing real estate during probate or trust administration covers the broader playbook. An Arizona real estate attorney can confirm whether the recorded deed plus the tax payments establish a defense against any record-owner claim. Combined with title insurance, a successful quiet title action under this section converts a clouded urban parcel into clearly marketable property the family can sell or hold in a revocable living trust with confidence.