Ariz. Rev. Stat. » Title 12
Arizona Revised Statutes

Ariz. Rev. Stat. § 12-523 (2026)

Real property in adverse possession under title or color of title; three year limitation

✓ current as of May 2026
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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.

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.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1967–2025 · leading case: Long v. City of Glendale, 93 P.3d 519 (Ariz. Ct. App. 2004).
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Long v. City of Glendale, 93 P.3d 519 (Ariz. Ct. App. 2004). · cites it 4× “As a result, the City argues, Long’s claim to repossess the property is barred by A.R.S. § 12-523 (2003), the statute pertaining to causes of action in adverse possession.”
RANCH 57 v. City of Yuma, 731 P.2d 113 (Ariz. Ct. App. 1986). · cites it 6× “During the course of this litigation, the parties have argued that the following statutes of limitations apply: A.R.S. §§ 12-523, 28-1868, 12-542(3), 12-526(A), and 12-550.”
Inch v. McPherson, 859 P.2d 755 (Ariz. Ct. App. 1993). · cites it 4× “The Florida statute differs significantly from Arizona’s analogous provision, A.R.S. § 12-523. Unlike the Florida statute ( Fla.”
Warren v. Whitehall Income Fund 86, 823 P.2d 689 (Ariz. Ct. App. 1991). · cites it 5× “Having determined that Whitehall was a constructive trustee, we can easily dispose of any claim that this action was barred by A.R.S. § 12-523. 2 The law is clear in Arizona that a trustee cannot take advantage of the statute of limitations.”
Dominguez v. Dominguez, 567 P.3d 81 (Ariz. 2025). · cites it 11× “See A.R.S. §§ 12-523, -525. Section 12-523(A) provides a three-year statute of limitations “to recover real property from a person in peaceable and adverse possession under title or color of title.”
Nicholas v. Giles, 426 P.2d 398 (Ariz. 1967). · cites it 5× “A.R.S. § 12-523 provides: “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.”
Tenney v. Luplow, 442 P.2d 107 (Ariz. 1968). · cites it 3× “A.R.S. § 12-523, subsec. B (1956): “ ‘Title’ means a regular chain of transfer from or under sovereignty of the soil.”
Ziggy's Opportunities, Inc. v. I-10 Indus. Park Developers, 730 P.2d 281 (Ariz. Ct. App. 1986). · cites it 4× “§ 12-526, it had acquired adverse possession by use and cultivation of the land for 10 years; and alternatively, that (2) pursuant to A.R.S. § 12-523, it had acquired title by adverse possession by color of title for 3 years to the 27-foot wide strip located between the two…”
Tena v. Yorgulez, 538 P.2d 398 (Ariz. Ct. App. 1975). · cites it 5× “The sole question presented is whether appellants’ action to recover fractional interests in a parcel of realty was barred by the applicable statute of limitations, A.R.S. § 12-523. We note preliminarily that despite appellants’ timely request, the trial court failed to make…”
State v. Crawford, 475 P.2d 515 (Ariz. Ct. App. 1970). · cites it 5× “Assuming arguendo that A.R.S. § 12-523 applies, defendant’s argument still fails.”
Van Zandt v. Chan, 439 P.2d 523 (Ariz. Ct. App. 1968). · cites it 2× “‘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…”
Henderson v. Tejada, 549 P.2d 242 (Ariz. Ct. App. 1976). · cites it 21× “Tejada (Tejada) was found to have acquired title to the property by adverse possession pursuant to A.R.S. § 12-523 and § 12-524. The facts in the case are not in dispute.”
Show all 15 citing cases →
— Ariz. Rev. Stat. § 12-523(A) — 3 cases
Long v. City of Glendale, 93 P.3d 519 (Ariz. Ct. App. 2004). “As a result, the City argues, Long’s claim to repossess the property is barred by A.R.S. § 12-523 (2003), the statute pertaining to causes of action in adverse possession.”
Dominguez v. Dominguez, 567 P.3d 81 (Ariz. 2025). “See A.R.S. §§ 12-523, -525. Section 12-523(A) provides a three-year statute of limitations “to recover real property from a person in peaceable and adverse possession under title or color of title.”
Meyer v. 23526 Florence (Ariz. Ct. App. 2023).
— Ariz. Rev. Stat. § 12-523(B) — 3 cases
Dominguez v. Dominguez, 567 P.3d 81 (Ariz. 2025). “See A.R.S. §§ 12-523, -525. Section 12-523(A) provides a three-year statute of limitations “to recover real property from a person in peaceable and adverse possession under title or color of title.”
Meyer v. 23526 Florence (Ariz. Ct. App. 2023).
Henderson v. Tejada, 549 P.2d 242 (Ariz. Ct. App. 1976). “Tejada (Tejada) was found to have acquired title to the property by adverse possession pursuant to A.R.S. § 12-523 and § 12-524. The facts in the case are not in dispute.”
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