78B-2-205 - Seizure or possession within seven years -- Proviso -- Tax title.

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 beforethe commencement of the action.
(2) Actions or defenses brought to recover, take possession of, quiet title, or determinethe ownership of real property against the holder of a tax title to the property, may not becommenced more than four years after the date of the tax deed, conveyance, or transfer creatingthe tax title unless the person commencing the action or defense or his predecessor has actuallyoccupied or been in possession of the property within four years prior to the commencement ofthe action or defense.

Renumbered and Amended by Chapter 3, 2008 General Session