Statutes and regulations

§ 49-1-11.2. Adverse possession

N.M. Stat. § 49-1-11.2 · New Mexico · Statutes

Chapter 49 › Article 1 › Section 49-1-11.2

A land grant-merced managed, controlled and governed as a political subdivision pursuant to Chapter 49 NMSA 1978 shall not be subject to adverse possession claims to or defenses against the common lands

Instrument in possession of adverse party

Tenn. Code Ann. § 24-8-102 · Tennessee · Statutes

Title 24 › Chapter 8 › Section 24-8-102

If an instrument is wrongfully in the possession of the opposite party, who fails to produce it upon notice, its place may be supplied by the affidavit of any person acquainted with the facts, stating … the contents as near as may be, the wrongful possession of the opposite party, notice to produce, and that such instrument is the property of the person claiming under it, unpaid and unsatisfied.

§ 1102. Acquiring highways by adverse possession

19 V.S.A. § 1102 · Vermont · Statutes

Title 19 › Chapter 11 › Section 1102

A right or interest within the limits of a highway shall not be acquired by anyone by possession or occupation.

Rights of persons claiming adverse possession.

Wis. Stat. § 75.144 · Wisconsin · Statutes

Chapter 75 › Section 75.144

(1) Titles subject to claim of ownership by adverse possession. … (4) Reimbursements upon establishing title by adverse possession.

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

Utah Code § 78B-2-208 · Utah · Statutes

Title 78B › Chapter 78B-2 › § 78B-2-208

(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

105.618 Adverse possession of railroad property

ORS § 105.618 · Oregon · Statutes

Title 10 › Chapter 105 › Section 105.618

A person may not acquire by adverse possession, as defined in ORS 105.620 (Acquiring title by adverse possession) , property owned by a railroad or used for a railroad operation. [2007 c.440 §1] Source … : Section 105.618 — Adverse possession of railroad property , https://www.­oregonlegislature.­gov/bills_laws/ors/ors105.­html (accessed May 26, 2025).

105.620 Acquiring title by adverse possession

ORS § 105.620 · Oregon · Statutes

Title 10 › Chapter 105 › Section 105.620

(1) A person may acquire fee simple title to real property by adverse possession only if: (a) The person and the predecessors in interest of the person have maintained actual, open, notorious, exclusive … , hostile and continuous possession of the property for a period of 10 years; (b) At the time the person claiming by adverse possession or the person’s predecessors in interest, first entered into possession

275.027 Adverse possession of county lands

ORS § 275.027 · Oregon · Statutes

Title 25 › Chapter 275 › Section 275.027

The rights of any county to public lands are not extinguished by adverse possession. … No title or property rights to public lands shall be acquired against the county through operation of a statute of limitations. [1981 c.153 §51] Source: Section 275.027 — Adverse possession of county

§ 78B-2-217. Adverse possession -- Possession of tenant considered possession of landlord.

Utah Code § 78B-2-217 · Utah · Statutes

Title 78B › Chapter 78B-2 › § 78B-2-217

When a landlord and tenant relationship exists between persons, the possession of the tenant is considered the possession of the landlord until the expiration of seven years after the termination of the

45-187 No rights acquired by adverse use or adverse possession

A.R.S. § 45-187 · Arizona · Statutes

Title 45 › Chapter 1 › Article 7 › Section 187

No rights acquired by adverse use or adverse possession No rights to the use of public waters of the state may be acquired by adverse use or adverse possession as between the person and the state, or

§ 39-6-10. Adverse possession by railroad.

R.I. Gen. Laws § 39-6-10 · Rhode Island · Statutes

Title 39 › Chapter 39-6 › Section 39-6-10

No length of possession, user, or occupancy by a railroad corporation of land belonging to an adjoining owner shall hereafter create any right in or to adjoining land in the railroad corporation or in

Adverse possession under written instrument or judgment

N.Y. RPA Law § 511 · New York · Statutes

Act RPA › Article 5 › Section 511

Adverse possession under written instrument or judgment. … ; except\nthat when they consist of a tract divided into lots, the possession of\none lot is not deemed a possession of any other lot.

§55-3-6. Equitable defenses; adverse possession.

W. Va. Code § 55-3-6 · West Virginia · Statutes

Chapter 55 › Article 3 › Section 6

§ 73-17-21. Prescription and adverse possession

N.M. Stat. § 73-17-21 · New Mexico · Statutes

Chapter 73 › Article 17 › Section 73-17-21

The rights of the district to the waters of the district, or the use thereof, or the land within the district and property owned by it shall not be lost by the district by prescription or by adverse possession

§ 5309.89. Title by prescription or adverse possession

Ohio Rev. Code § 5309.89 · Ohio · Statutes

Title 53 › Chapter 5309 › § 5309.89

October 1, 1953 House Bill 1 - 100th General Assembly No title to registered real property in derogation of that of the registered owner shall be acquired by prescription or adverse possession.

Adverse possession, not founded on written instrument.

Wis. Stat. § 893.25 · Wisconsin · Statutes

Chapter 893 › Section 893.25

(1) An action for the recovery or the possession of real estate and a defense or counterclaim based on title to real estate are barred by uninterrupted adverse possession of 20 years, except as provided … (2) Real estate is possessed adversely under this section: (a) Only if the person possessing it, in connection with his or her predecessors in interest, is in actual continued occupation under claim

Adverse possession, founded on recorded written instrument.

Wis. Stat. § 893.26 · Wisconsin · Statutes

Chapter 893 › Section 893.26

(1) An action for the recovery or the possession of real estate and a defense or counterclaim based upon title to real estate are barred by uninterrupted adverse possession of 10 years, except as provided … (2) Real estate is held adversely under this section or s. 893.27 only if: (a) The person possessing the real estate or his or her predecessor in interest, originally entered into possession of the

442.070 Person may convey, notwithstanding adverse possession.

Mo. Rev. Stat. § 442.070 · Missouri · Statutes

Chapter 442 › Section 442.070

Person may convey, notwithstanding adverse possession. — Any person claiming title to real estate may, notwithstanding there may be an adverse possession thereof, sell and convey his interest therein, … in the same manner and with like effect as if he was in the actual possession thereof.

38-41-103. Evidence of adverse possession

C.R.S. § 38-41-103 · Colorado · Statutes

Title 38 › Article 41 › Part 1 › Section 38-41-103

Evidence of adverse possession. … shall be deemed prima facie evidence of adverse possession during said period and compliance with the requirements of sections 38-41-101 and 38-41-102.

§ 16-1113. Defense of adverse possession; enclosure.

D.C. Code § 16-1113 · District of Columbia · Statutes

Title 16 › Chapter 11 › § 16-1113

In an action to recover vacant and unimproved lots of ground it is not necessary, in order to maintain the defense of adversary possession, to show that the premises in controversy had been enclosed; but … paid the taxes on the property and were the only persons who had exercised control over the property for a period of fifteen years before the bringing of the action, the facts shall be the equivalent of possession