property owners; adverse possession

Plain English Breakdown

The official summary does not provide specific details on how the bill will affect existing cases involving fraudulent deeds.

Property Owners; Adverse Possession

This bill amends Arizona laws to prevent people from claiming ownership of property using forged deeds or deeds executed under a forged power of attorney.

What This Bill Does

• Amends the law so that a person cannot claim ownership of a lot in a city or town if they use a forged deed or a deed made under a forged power of attorney.
• Updates rules for recovering real property to exclude benefits from people who try to claim title through fake deeds.
• Makes technical changes to ensure consistency in the law.

Who It Names or Affects

• People trying to claim ownership of property with forged or fraudulent deeds.
• Property owners who might be affected by actions based on fake deeds.
• Courts dealing with cases involving adverse possession and real property claims.

Terms To Know

Adverse Possession

When someone takes control of land that belongs to another person without permission, but the original owner does not try to stop them for a long time.

Forged Deed

A fake document used to claim ownership of property illegally.

Limits and Unknowns

• The bill does not specify what happens if someone uses a forged deed but has been paying taxes on the property for five years.
• It is unclear how this will affect existing cases where people have already claimed property using fraudulent deeds.

Official Summary Text

SB1822 - 572R - Senate Fact Sheet

Assigned to
JUDE������������������������������������������������������������������������������������������������������������������ FOR
COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

FACT SHEET FOR
S.B. 1822

property
owners; adverse possession

Purpose

Prohibits a person from benefiting from an action to recover real
property or a lot in a city or town according to the statute of limitations
when the person claims title to the property under a forged deed or deed
executed under a forged power of attorney.

Background

An action to recover a lot located in a city or town from a person having
a recorded deed for the lot who claims ownership and has paid the taxes on the
lot must be brought within five years after the cause of action accrues,
provided that the person against whom the action is brought has claimed
ownership and has paid the taxes on the lot for at least five consecutive years
preceding the commencement of the action (
A.R.S.
� 12-524
).

An action to recover real property must be commenced within five years
after the cause of action accrues when the action is to recover real property
from a person in peaceable and adverse possession who is: 1) cultivating or
enjoying the property; 2) paying the property taxes; and

3) claims title to the property under a recorded deed. A person who claims
title to real property through a forged deed or a deed executed under a forged
power of attorney may not benefit from an action to recover real property, as
outlined (
A.R.S.
� 12-525
).

A person who has a cause of action to recover any lands, tenements or
hereditaments from a person who has peaceable and adverse possession of the
property and is cultivating, using and enjoying the property, must commence the
action within 10 years after the cause of action accrues.
Adverse possession

is an actual and visible appropriation of land, commenced and continued under a
claim of right that is inconsistent with and hostile to the claim of another.
Peaceable
possession
is possession which is continuous and uninterrupted by an
adverse action to recover the estate (A.R.S. ��
12-521

and
12-526
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Prohibits
a person who claims ownership of a lot in a city or town or real property in
adverse possession from benefiting from an action to recover the property
according to the applicable statute of limitations, if the person claims title
to the property under a forged deed or a deed executed under a forged power of
attorney.

2.

Deems
a person who claims ownership of a lot in a city or town or real property based
on a recorded deed and who has paid taxes on that property for at least five
years as the lawful owner in an action to recover the property, except as
prescribed for claims made under a forged deed.

3.

Makes technical and conforming changes.

4.

Becomes effective on the general effective date.

Prepared by Senate Research

February 13, 2026

ZD/KS/ci

Current Bill Text

SB1822 - 572R - I Ver

REFERENCE TITLE:
property owners; adverse possession

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1822

Introduced by

Senator
Farnsworth

AN
ACT

amending sections 12-524, 12-525 AND
12-526, Arizona Revised Statutes; RELATING TO REAL PROPERTY ACTIONS.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section
1. Section 12-524, Arizona Revised Statutes, is amended to read:

START_STATUTE
12-524
.
City lot claimed under recorded deed; five year limitation

A.
An action to recover a lot
located in a city or town from a person
having
who has
a recorded deed
therefor
for the lot
, who claims ownership and has paid the taxes
thereon
on the lot
, shall be brought
within five years after the cause of action accrues, and not afterward,
provided that the person against whom the action is brought, by himself or his
grantors, has claimed ownership
thereof
of
the lot
and has paid the taxes
thereon
on the lot
for at least five consecutive years next preceding
the commencement of
such
the

action.�
Except as prescribed in subsection B of this section, a
person who claims OWNERSHIP of the PROPERTY based on a recorded deed and who
has paid the taxes on that property for at least five years is deemed the
lawful owner of the property.

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

Sec. 2. Section 12-525, Arizona Revised
Statutes, is amended to read:

START_STATUTE
12-525.

Real property in adverse possession and use under duly recorded
deed with possessor paying taxes; five year limitation; exception

A. An action to recover real property from a person
in peaceable and adverse possession
, and

who is
cultivating, using or enjoying the property,
and
who is
paying taxes
thereon,
on the property
and
who is
claiming
under a deed or deeds duly recorded
,
shall be
commenced within five years after the cause of action accrues
,

and not afterward.
� Except as prescribed in subsection B of this
section, a person who claims OWNERSHIP of the PROPERTY based on a recorded deed
and who has paid the taxes on that property for at least five years is deemed
the lawful owner of the property.

B. This section
shall
does
not apply to
anyone
a
person who is
in possession of land
,

and
who in the absence of this section would claim title
through a forged deed, and no
one
person

claiming under a forged deed or a deed executed under a forged power of
attorney
shall be
is
allowed the
benefits of this section.
END_STATUTE

Sec. 3. Section 12-526, Arizona Revised Statutes, is amended to read:

START_STATUTE
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
who has
peaceable and
adverse possession
thereof,
of the land and
who is
cultivating, using and enjoying
such
the
property
,
shall commence an
action
therefor
for the property

within ten years after the cause of action accrues
,

and not afterward.�
Except as prescribed in subsection c of this
section, a person who claims OWNERSHIP of the PROPERTY based on a recorded deed
and who has paid the taxes on that property for at least five years is deemed
the lawful owner of the property.

B. The peaceable and adverse possession referred to
in subsection A
of this section
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
the
adverse possession is taken and held under some written
memorandum of title other than a deed
which

that
fixes the boundaries of the possessor's claim and is duly recorded,

such
the
possession shall be
construed to be coextensive with the boundaries specified in
such
instrument
the memorandum
.

c. This section does not apply to a
person who is in possession of land and who in the absence of this section
would claim title through a forged deed, and no person claiming under a forged
deed or a deed executed under a forged power of attorney is allowed the
benefits of this section.
END_STATUTE