Statutes and regulations

32-17-01. Action to determine adverse claims

N.D. Cent. Code § 32-17-01 · North Dakota · Statutes

Title 32 › Chapter 32-17 › Section 32-17-01

Action to determine adverse claims An action may be maintained by any person having an estate or an interest in, or lien or encumbrance upon, real property, whether in or out of possession thereof and … whether such property is vacant or unoccupied, against any person claiming an estate or interest in, or lien or encumbrance upon, the same, for the purpose of determining such adverse estate, interest

Section 322

Cal. CCP § 322 · California · Statutes

Code ccp › Part 2 › Title 2 › Chapter 2 › Section 322

instrument, decree, or judgment, or of some part of the property, under such claim, for five years, the property so included is deemed to have been held adversely, except that when it consists of a tract … divided into lots, the possession of one lot is not deemed a possession of any other lot of the same tract.

Adverse possessions or prescriptive easements not establishing title or rights to property

Ind. Code § 32-23-11-14 · Indiana · Statutes

Title 32 › Article 23 › Chapter 11 › Section 32-23-11-14

For purposes of this chapter, the following are not adverse possessions or prescriptive easements to the owner and do not establish title or rights to the real property: (1) Possession of a right-of-way … (3) Possession of a right-of-way by a responsible party (as defined in IC 8-4.5-1-17). [Pre-2002 Recodification Citation: 32-5-12-14.] As added by P.L.2-2002, SEC.8.

105.615 Action by tenant in common against cotenants

ORS § 105.615 · Oregon · Statutes

Title 10 › Chapter 105 › Section 105.615

Unless otherwise agreed or provided in a granting document, a tenant in common of real property may acquire fee simple title to the real property by adverse possession as against all other cotenants if … has paid all taxes assessed against such property while in possession.

95.13 Real property actions; possession by legal owner presumed.

Fla. Stat. § 95.13 · Florida · Statutes

Title VIII › Chapter 95 › Section 95.13

In every action to recover real property or its possession, the person establishing legal title to the property shall be presumed to have been possessed of it within the time prescribed by law. … The occupation of the property by any other person shall be in subordination to the legal title unless the property was possessed adversely to the legal title for 7 years before the commencement of the

Section 346

Cal. CCP § 346 · California · Statutes

Code ccp › Part 2 › Title 2 › Chapter 3 › Section 346

An action to redeem a mortgage of real property, with or without an account of rents and profits, may be brought by the mortgagor or those claiming under him, against the mortgagee in possession, or those … claiming under him, unless he or they have continuously maintained an adverse possession of the mortgaged premises for five years after breach of some condition of the mortgage.

Presumption as to possession of land; exception.

Mich. Comp. Laws § 600.5867 · Michigan · Statutes

Chapter 600 › Act Act-236-of-1961 › Section 600.5867

In every action for the recovery or possession of real estate, the person establishing the legal title to the premises is presumed to have been in possession of the premises within the time limited by … law for bringing such action, unless it appears that the same has been possessed adversely to such legal title by the defendant or by those from or under whom he claims, or that the grantee, or his assigns

Who deemed seized.

Iowa Code § 557.1 · Iowa · Statutes

Title XIV › Chapter 557 › Section 557.1

All persons owning real estate not held by an adverse possession shall be deemed to be seized and possessed of the same.

Petitory action

La. Code Civ. Proc. art. 3651 · Louisiana · Statutes

Code code-of-civil-procedure › Article 3651

The petitory action is one brought by a person who claims the ownership of, but who does not have the right to possess, immovable property or a real right therein, against another who is in possession … or who claims the ownership thereof adversely, to obtain judgment recognizing the plaintiff's ownership.

Conveyance of interest in property by owner out of possession

S.D. Codified Laws § 43-25-2 · South Dakota · Statutes

Title 43 › Chapter 25 › Section 43-25-2

Any person claiming right or title to lands, tenements, or hereditaments, although he, she, or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey … , and transfer his or her interest in and to the same in as full and complete a manner as if he or she were in actual possession of the lands and premises intended to be conveyed; and the grantee or grantees

42-18304 Adverse occupation of land held by state under tax deed

A.R.S. § 42-18304 · Arizona · Statutes

Title 42 › Chapter 18 › Article 7 › Section 18304

Adverse occupation of land held by state under tax deed A. … of the state for possession of the property, and the county attorney shall commence and prosecute the action.

12-528 Persons under disability

A.R.S. § 12-528 · Arizona · Statutes

Title 12 › Chapter 5 › Article 2 › Section 528

If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first … If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first

Recoupment of vendee in action for purchase money

Wyo. Stat. § 1-32-405 · Wyoming · Statutes

Title 1 › Chapter 32 › Section 1-32-405

of title acquired by him from the vendor and make any person claiming an adverse estate or interest therein party to the action. … (b) If the adverse estate or interest is an estate in reversion or remainder or contingent upon a future event, the court may: (i) Order the vendee with his assent to surrender possession to his vendor

5-206 CONSTRUCTIVE POSSESSION.

Idaho Code § 5-206 · Idaho · Statutes

Title 5 › Chapter 2 › Section 5-206

Constructive possession. … law, and the occupation of the property by another person is deemed to have been under and in subordination to the legal title, unless it appears that the property has been held and possessed adversely

Occupation under written instrument or judgment; when deemed adverse

Nev. Rev. Stat. § 11.110 · Nevada · Statutes

Title 2 › Chapter 11 › Section 11.110

included in such instrument, decree, or judgment, or of some part of such premises, under such claim, for 5 years, the premises so included shall be deemed to have been held adversely, except that where … the premises so included consists of a tract divided into lots, the possession of one lot shall not be deemed a possession of any other lot of the same tract.

Sec. 47-12a. Affidavit of facts relating to title or interest in real estate.

Conn. Gen. Stat. § 47-12a · Connecticut · Statutes

Title 47 › Chapter 821 › Section 47-12a

The affidavits provided for in this section may relate to the following matters: Age, sex, birth, death, capacity, relationship, family history, heirship, names, identity of parties, marital status, possession … or adverse possession, adverse use, residence, service in the armed forces, conflicts and ambiguities in description of land in recorded instruments, the happening of any condition or event which may

55-503 TRANSFER BY DISSEIZEE.

Idaho Code § 55-503 · Idaho · Statutes

Title 55 › Chapter 5 › Section 55-503

Any person claiming title to real property in the adverse possession of another may transfer it with the same effect as if in actual possession.

Appeals of an electronic and non-electronic initial adverse determination

Tenn. Code Ann. § 56-7-3704 · Tennessee · Statutes

Title 56 › Chapter 7 › Section 56-7-3704

The reviewing healthcare professional shall: (A) Possess a current and valid non-restricted license to practice in this state or another state or territory of the United States; (B) Be knowledgeable of … The reviewing healthcare professional shall: (A) Possess a current and valid non-restricted license to practice in this state or another state or territory of the United States; (B) Be knowledgeable of

Section 4

765 ILCS 5/4 · Illinois · Statutes

Chapter 765 › Act 5 › Section 4

Any person claiming right or title to lands, tenements or hereditaments, although he, she or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey … and transfer his or her interest in and to the same, in as full and complete a manner as if he or she were in the actual possession of the lands and premises intended to be conveyed; and the grantee or

View Statute 12-1211

Neb. Rev. Stat. § 12-1211 · Nebraska · Statutes

Chapter 12 › Section 12-1211

adverse party at the time of filing the response. … When the disposition of any human skeletal remains or burial goods is disputed and subject to arbitration under this section, the party in possession of the remains or goods shall retain possession until