Arizona Laws 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 peaceable and adverse possession thereof, cultivating, using and enjoying such property, shall commence an action therefor within ten years after the cause of action accrues, and not afterward.
Terms Used In Arizona Laws 12-526
- 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.
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Property: includes both real and personal property. See Arizona Laws 1-215
B. The peaceable and adverse possession referred to in subsection A 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 adverse possession is taken and held under some written memorandum of title other than a deed which fixes the boundaries of the possessor’s claim and is duly recorded, such possession shall be construed to be coextensive with the boundaries specified in such instrument.