28-01-09. Acts constituting adverse possession based upon a written instrument

28-01-09. Acts constituting adverse possession based upon a written instrument

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.