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.
     (2) Subsection (1) may be rebutted by a showing that the property has been held and possessed adversely to the legal title for at least seven years before commencement of the action.

Renumbered and Amended by Chapter 3, 2008 General Session
Download Code Section Zipped WordPerfect 78B02_020800.ZIP 1,758 Bytes


Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page

Last revised: Thursday, May 28, 2009