Arizona Laws 12-523. Real property in adverse possession under title or color of title; three year limitation
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.
Terms Used In Arizona Laws 12-523
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Adverse possession: means an actual and visible appropriation of the land, commenced and continued under a claim of right inconsistent with and hostile to the claim of another. See Arizona Laws 12-521
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: includes mines and mining claims. See Arizona Laws 12-521
- Writing: includes printing. See Arizona Laws 1-215
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.