78B-2-208. Adverse possession -- Possession presumed in owner.
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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