|
REFERENCE TITLE: property owners; adverse possession |
|
State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
|
|
SB 1822 |
|
|
|
Introduced by Senator Farnsworth
|
AN ACT
amending sections 12-524, 12-525 AND 12-526, Arizona Revised Statutes; RELATING TO REAL PROPERTY ACTIONS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-524, Arizona Revised Statutes, is amended to read:
12-524. City lot claimed under recorded deed; five year limitation
A. An action to recover a lot located in a city or town from a person having who has a recorded deed therefor for the lot, who claims ownership and has paid the taxes thereon on the lot, 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 of the lot and has paid the taxes thereon on the lot for at least five consecutive years next preceding the commencement of such the action. Except as prescribed in subsection B of this section, a person who claims OWNERSHIP of the PROPERTY based on a recorded deed and who has paid the taxes on that property for at least five years is deemed the lawful owner of the property.
B. This section does not apply to a person who is in possession of land and who in the absence of this section would claim title through a forged deed, and no person claiming under a forged deed or a deed executed under a forged power of attorney is allowed the benefits of this section.
Sec. 2. Section 12-525, Arizona Revised Statutes, is amended to read:
12-525. Real property in adverse possession and use under duly recorded deed with possessor paying taxes; five year limitation; exception
A. An action to recover real property from a person in peaceable and adverse possession, and who is cultivating, using or enjoying the property, and who is paying taxes thereon, on the property and who is claiming under a deed or deeds duly recorded, shall be commenced within five years after the cause of action accrues, and not afterward. Except as prescribed in subsection B of this section, a person who claims OWNERSHIP of the PROPERTY based on a recorded deed and who has paid the taxes on that property for at least five years is deemed the lawful owner of the property.
B. This section shall does not apply to anyone a person who is in possession of land, and who in the absence of this section would claim title through a forged deed, and no one person claiming under a forged deed or a deed executed under a forged power of attorney shall be is allowed the benefits of this section.
Sec. 3. Section 12-526, Arizona Revised Statutes, is amended to read:
12-526. Real property in adverse possession and use by possessor; ten year limitation; limit of area; fixing of boundaries under duly recorded memorandum of title
A. A person who has a cause of action for recovery of any lands, tenements or hereditaments from a person having who has peaceable and adverse possession thereof, of the land and who is cultivating, using and enjoying such the property, shall commence an action therefor for the property within ten years after the cause of action accrues, and not afterward. Except as prescribed in subsection c of this section, a person who claims OWNERSHIP of the PROPERTY based on a recorded deed and who has paid the taxes on that property for at least five years is deemed the lawful owner of the property.
B. The peaceable and adverse possession referred to in subsection A of this section shall not embrace more than one hundred and sixty acres, including the improvements or the number of acres actually enclosed if less than one hundred and sixty acres is so enclosed, but when such the adverse possession is taken and held under some written memorandum of title other than a deed which that fixes the boundaries of the possessor's claim and is duly recorded, such the possession shall be construed to be coextensive with the boundaries specified in such instrument the memorandum.
c. This section does not apply to a person who is in possession of land and who in the absence of this section would claim title through a forged deed, and no person claiming under a forged deed or a deed executed under a forged power of attorney is allowed the benefits of this section.