28-01-09. Acts constituting adverse possession based upon a written instrument.
180 words·~1 min read·
/nd/title-28/chapter-28-01-time-for-commencing-actions/28-01-09·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument or upon a judgment or decree, land must be deemed to have been so possessed and occupied in each of the following cases:
1. When it has been usually cultivated or improved;
2. When it has been protected by a substantial enclosure;
3. When, although not enclosed, it has been used for the supply of fuel or of fencing
timber for the purposes of husbandry, or the ordinary use of the occupant; or
4. When a known farm or a single lot has been partly improved, the portion of such farm
or lot that may have been left not cleared or not enclosed according to the usual
course and custom of the adjoining country, must be deemed to have been occupied
for the same length of time as the part improved and cultivated, but when the premises
consist of two or more contiguous lots, the possession of one lot may not be deemed a
possession of any other of such lots.