What This Statute Says
This section is the real property counterpart to A.R.S. 12-502. When the person whose property is being adversely possessed is a minor or of unsound mind at the time the possession commences, the limitations clock pauses until the disability ends.
A. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the time limited for bringing such action or making such defense. Such person shall have the same time, after the removal of the disability, which is allowed to others.
A.R.S. § 12-528When This Statute Comes Into Play
This protection comes into play when:
- A minor inherits a fractional interest in land while another family member occupies it.
- An adult with severe cognitive decline owns property someone else has been using openly for years.
- A protected person's conservator is just learning of a long-standing encroachment.
What This Means for Arizona Families
Children and protected adults cannot defend their own property rights. Arizona's tolling rule for real property ensures the calendar does not run while they are legally unable to act. That matters most in estate situations where a child or vulnerable adult inherits a share of land that someone else has been controlling.
If you serve as a conservator or guardian for a person who owns real property in Arizona, do not assume long-standing arrangements are unchallengeable. The protected person's clock may have been paused for years. Our FAQ on guardianship and conservatorship proceedings in Arizona covers the broader duties of these fiduciaries. An Arizona probate or real estate attorney can help you decide whether to bring an action under 12-525, 12-526, or another adverse possession statute now that someone is empowered to act on the protected person's behalf. Acting promptly after taking the role preserves options that would otherwise vanish over time.