Arizona Statewide Rule
Arizona Adverse Possession (Squatters Rights)
Key Facts
- Possession only
- 2 years (A.R.S. § 12-522)
- Color of title
- 3 years (A.R.S. § 12-523)
- Recorded deed + taxes
- 5 years (A.R.S. §§ 12-524, 12-525)
- Catch-all period
- 10 years (A.R.S. § 12-526)
Summary
Arizona's adverse possession periods are tiered: 2 years by right of possession alone (A.R.S. § 12-522), 3 years under color of title (§ 12-523), 5 years under a recorded deed with taxes paid (§§ 12-524, 12-525), and a 10-year catch-all (§ 12-526). Possession must be open, hostile, and continuous; removal is by court action.
12-522 - Real property claimed only by right of possession; two year limitation 12-522 . Real property claimed only by right of possession; two year limitation When a party in possession claims real property by right of possession only, actions to recover possession from him shall be commenced within two years after the cause of action accrues and not afterward. In such actions defendant is not required to show title or color of title from and under the sovereignty of the soil as against the plaintiff who shows no better right.
Full Breakdown
A.R.S. § 12-522 bars recovery after 'two years' against a person in possession by mere right of possession. A.R.S. § 12-523 sets 'three years' for possession under title or color of title. A.R.S. § 12-524 gives a city-lot owner with a recorded deed who 'has paid the taxes thereon for at least five consecutive years' a five-year period, and § 12-525 likewise sets 'five years' where the possessor cultivates the land, pays taxes, and holds a recorded deed. The catch-all A.R.S. § 12-526 requires action 'within ten years' (generally limited to 160 acres absent a recorded instrument). Possession must be actual, open, notorious, hostile, exclusive, and continuous; an owner removes a non-tenant occupant through ejectment or forcible detainer, not self-help.
Violations & Penalties
No specific statutory penalty. If the statutory period and elements are not met, the occupant has no ownership claim and can be removed by court order; the rightful owner who fails to sue within the applicable period may lose title to the adverse possessor.
Frequently Asked Questions
How long before a squatter can claim land in Arizona?
How do you remove a squatter in Arizona?
Sources
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