A. An action to recover real property from a person in peaceable and adverse possession, and cultivating, using or enjoying the property, and paying taxes thereon, and claiming under a deed or deeds duly recorded, shall be commenced within five years after the cause of action accrues, and not afterward.

Terms Used In Arizona Laws 12-525

  • 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Property: includes both real and personal property. See Arizona Laws 1-215

B. This section shall not apply to anyone in possession of land, who in the absence of this section would claim title through a forged deed, and no one claiming under a forged deed or a deed executed under a forged power of attorney shall be allowed the benefits of this section.

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