78B-2-208 - Adverse possession -- Possession presumed in owner.
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 theproperty; 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 andpossessed adversely to the legal title for at least seven years before commencement of the action.
Renumbered and Amended by Chapter 3, 2008 General Session