Arizona Revised Statutes

Ariz. Rev. Stat. § 12-528 (2026)

Persons under disability

✓ current as of May 2026

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A. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the time limited for bringing such action or making such defense. Such person shall have the same time, after the removal of the disability, which is allowed to others.

B. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends imprisoned, the period of such disability shall exist only until such imprisoned person discovers the right to bring the action or make the defense or with the exercise of reasonable diligence should have discovered the right to bring the action or make the defense, whichever occurs first, and such person shall have the same time after the disability ceases to exist which is allowed to others.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2002–2022 · leading case: Montano v. Browning, 48 P.3d 494 (Ariz. Ct. App. 2002).

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Montano v. Browning, 48 P.3d 494 (Ariz. Ct. App. 2002). · cites it 2× “§ 12-501 (limitations period tolled during defendant’s absence from state); A.R.S. § 12-528 (in actions for recovery of real property, limitations period tolled during minority or insanity of plaintiff or defendant).”

Roman Jr. v. Nationstar (Ariz. Ct. App. 2022). · cites it 2× “¶16 But Roman’s claims against Nationstar are not for the recovery of real property and § 12-528 does not toll time limitations for breach of contract or tort claims.”

— Ariz. Rev. Stat. § 12-528(B) — 1 case

Roman Jr. v. Nationstar (Ariz. Ct. App. 2022). “¶16 But Roman’s claims against Nationstar are not for the recovery of real property and § 12-528 does not toll time limitations for breach of contract or tort claims.”

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