Effective 3/12/1953 78B-2-201. Actions by the state. (1) The state may not bring an action against any person for or with respect to any real property, its issues or profits, based upon the state’s right or title to the real property, unless: (a) the right or title to the property accrued within seven years before […]
78B-2-202. Actions by patentees or grantees from state. A person receiving letters patent or a grant of real property from the state may not bring an action based on the patent or grant unless the state would have been able to bring an action had the patent or grant not been made. Renumbered and Amended […]
78B-2-203. When letters patent or grants declared void. When letters patent or grants of real property issued or made by the state are declared void by a court of competent jurisdiction, an action for the recovery of the property shall be brought either by the state, or by any subsequent patentee or grantee of the […]
78B-2-204. Seizure or possession within seven years necessary. An action for the recovery or possession of real property may not be maintained, unless it appears the plaintiff, his ancestor, grantor, or predecessor owned or possessed the property in question within seven years before the commencement of the action. Renumbered and Amended by Chapter 3, 2008 […]
78B-2-205. Seizure or possession within seven years — Proviso — Tax title. (1) An action for the recovery or possession of real property may not be maintained, unless the plaintiff or his predecessor owned or possessed the property within seven years before the commencement of the action. (2) Actions or defenses brought to recover, take […]
78B-2-206. Holder of tax title — Limitations of action or defense — Proviso. An action or defense to recover, take possession of, quiet title to, or determine the ownership of real property may not be commenced against the holder of a tax title after the expiration of four years from the date of the sale, […]
78B-2-207. Actions or defenses founded upon title to real estate. An action, defense, or counterclaim to an action based upon title to the property or entitlement to the rents or profits from the property shall be brought: (1) not later than seven years after the act on which it is based; and (2) by the […]
78B-2-208. Adverse possession — Possession presumed in owner. (1) In an action for the recovery of real property, it is presumed that: (a) the person establishing legal title to the property has been in possession of the property; and (b) any occupation of the property has been under and in subordination to the legal title. […]
78B-2-209. Adverse possession — Presumption — Proviso — Tax title. (1) In an action for the recovery or possession of real property, to quiet title to or determine the property’s owner, the person establishing a legal title to the property is presumed to have been in possession of the property within the time required by […]
78B-2-210. Adverse possession — Under written instrument or judgment. (1) Property is considered to have been adversely held if a person in possession of the property, either personally or through another: (a) possesses a written document purporting to convey title; or (b) possesses a decree or judgment from a court of competent jurisdiction conveying title; […]
78B-2-211. What constitutes adverse possession under written instrument. For the purpose of constituting an adverse possession by any person claiming a title based upon a written instrument or a judgment or decree, the property is considered to have been possessed if: (1) it has been usually cultivated or improved; (2) it has been protected by […]
78B-2-212. Adverse possession — Under claim not founded on written instrument or judgment. Where it appears that there has been an actual continued occupation of land under claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decree, the land actually occupied and no other, is considered to […]
Effective 5/10/2016 78B-2-213. What constitutes adverse possession not under written instrument. Land is considered to be possessed and occupied adversely by a person claiming title not founded upon a written instrument, judgment, or decree in the following cases only, where: (1) it has been protected by a substantial enclosure; (2) it has been usually cultivated […]
78B-2-214. Adverse possession — Continuous — Seven years — Taxes paid. Adverse possession may not be established unless it is shown that the land has been occupied and claimed continuously for seven years, and that the party and the party’s predecessors and grantors have paid all taxes which have been levied and assessed upon the […]
78B-2-215. Adverse possession — Payment of taxes — Proviso — Tax title. Payment of all the taxes levied and assessed upon the real property for a period of not less than four years by the holder of a tax title to the real property or his predecessors is sufficient to satisfy the requirements of this […]
Effective 5/13/2014 78B-2-216. Adverse possession of certain real property. (1) As used in this section: (a) “Government entity” means a town, city, county, metropolitan water district, or local district. (b) “Water facility” means any improvement or structure used, or intended to be used, to divert, convey, store, measure, or treat water. (2) Except as provided […]
78B-2-217. Adverse possession — Possession of tenant considered possession of landlord. When a landlord and tenant relationship exists between persons, the possession of the tenant is considered the possession of the landlord until the expiration of seven years after the termination of the tenancy, or, if there has been no written lease, until seven years […]
78B-2-218. Adverse possession — Possession not affected by descent cast. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of the property. Renumbered and Amended by Chapter 3, 2008 General Session
78B-2-219. Adverse possession — Action to redeem mortgage of real property. An action to redeem a mortgage of real property, with or without an account of rents and profits, may not be brought by the mortgagor, or those claiming under him, against the mortgagee in possession, or those claiming under him, unless an adverse possession […]
78B-2-220. Redemption when more than one mortgagor. If there is more than one mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain an action under the provisions of this article, any one of them who is entitled to maintain an action may redeem a divided or […]
