Title · 3 statesAdverse possession by state: the years, the deed and the taxes

An encroaching fence, a neighbor's long use or an old possession claim can come up on a survey or a title commitment, and the state's limitation periods decide how strong the claim is. Arizona: adverse possession is an actual and visible appropriation under a hostile claim of right; an action to recover land must be brought within three years against a peaceable adverse possessor under title or color of title, five years against one using the land, paying the taxes and claiming under a recorded deed (not a forged one), and ten years against one cultivating, using and enjoying it, limited to 160 acres unless a recorded memorandum fixes the boundaries (A.R.S. §§12-521, 12-523, 12-525, 12-526). Alabama: an action to recover land must be brought within ten years, and adverse possession confers or defeats title only if the claimant shows a deed or color of title recorded for ten years, ten years of listing the land for taxation, or title by descent or devise from a predecessor in possession; boundary disputes between adjoining owners are excluded from those requirements (Ala. Code §§6-2-33, 6-5-200). Oklahoma: an action to recover real property not covered by a shorter period must be brought within fifteen years, and actions to recover land sold on execution, at a probate or guardian's sale or for taxes generally within five years after the deed is recorded (12 O.S. §93).