Statutes and regulations

9-1111 Trustee as claimant

A.R.S. § 9-1111 · Arizona · Statutes

Title 9 › Chapter 10 › Article 1 › Section 1111

Trustee as claimant If the trustee is possessed or entitled to any part of the lands, the trustee shall make a verified statement of the trustee's claim and record it, and if no adverse claim thereto … is filed within the time allowed, the trustee shall be deemed to be possessed and seized of the title thereto in fee simple, but subject to all assessments and taxes thereafter to be levied.

Section 11

765 ILCS 515/11 · Illinois · Statutes

Chapter 765 › Act 515 › Section 11

(a) Surface owners may gain title to severed mineral interests owned by unknown or missing owners under the theory of adverse possession in the following manner and under the following conditions: If the … title to any severed mineral interest is vested in an unknown owner or missing owner and the surface owner overlying the severed mineral interest desires to acquire title to it by adverse possession,

View Statute 76-109

Neb. Rev. Stat. § 76-109 · Nebraska · Statutes

Chapter 76 › Section 76-109

Any act which would be effective as a conveyance inter vivos or as a mortgage or as a testamentary disposition of property when the land or thing other than land is in the possession of the conveyor, is … effective as a conveyance of the conveyor's interest therein, when the land or thing other than land is out of the conveyor's possession whether adversely held or not.

32-17-04. Complaint form - Description of property

N.D. Cent. Code § 32-17-04 · North Dakota · Statutes

Title 32 › Chapter 32-17 › Section 32-17-04

That the defendants be required to set forth all their adverse claims to the property above described, and that the validity, superiority, and priority thereof be determined. 2. … That the plaintiff recover possession of the premises described, if possession is desired. 5.

Presumption of possession from legal title

N.Y. RPA Law § 311 · New York · Statutes

Act RPA › Article 3 › Section 311

Presumption of possession from legal title. … and the occupation of\nthe premises by another person is deemed to have been under and in\nsubordination to the legal title unless the premises have been held and\npossessed adversely to the legal title

Conveyance of lands held adversely.

Alaska Stat. § 34.15.100 · Alaska · Statutes

Title 34 › Chapter 34.15 › Section 34.15.100

A grant or conveyance of land or interest in land is not void because at the time of the execution the land is in the actual possession of another claiming adversely.

§ 42-305. Title conveyable by anyone claiming such.

D.C. Code § 42-305 · District of Columbia · Statutes

Title 42 › Chapter 3 › § 42-305

Any person claiming title to land may convey his interest in the same, notwithstanding there may be an adverse possession thereof.

Requirements for professional license

Wyo. Stat. § 33-29-403 · Wyoming · Statutes

Title 33 › Chapter 29 › Section 33-29-403

license as a professional engineer who has not graduated from a doctoral curriculum in engineering approved by the board shall submit evidence satisfactory to the board showing that the applicant: (i) Is possessed … of a background that does not evidence conduct adverse to the practice of engineering or to the ability to practice engineering; (ii) Has passed an examination in the principles and practice of engineering

Section 326

Cal. CCP § 326 · California · Statutes

Code ccp › Part 2 › Title 2 › Chapter 2 › Section 326

When the relation of landlord and tenant has existed between any persons, the possession of the tenant is deemed the possession of the landlord until the expiration of five years from the termination of … has been no written lease, until the expiration of five years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely

Defendants

N.Y. RPA Law § 631 · New York · Statutes

Act RPA › Article 6 › Section 631

Where the complaint demands judgment for the\nimmediate possession of the property, if the property is actually\noccupied, the occupant shall be made defendant in the action. … Any\nperson claiming title to, or the right to the possession of, the real\nproperty sought to be recovered, as landlord, remainderman, reversioner,\nor otherwise adversely to the plaintiff, may be joined

Complaint filed to bring action--Parties defendant

S.D. Codified Laws § 21-36-7 · South Dakota · Statutes

Title 21 › Chapter 36 › Section 21-36-7

An action for the recovery of escheated property or its reduction into the possession of the state shall be brought in the name of the state as plaintiff, entitled in the court in which the action is brought … , by filing a complaint in which all parties in possession of said property or any part thereof and all adverse claimants thereto, if known, and all persons having or claiming to have any interest therein

Existing utility lines not affected

S.D. Codified Laws § 15-3-22 · South Dakota · Statutes

Title 15 › Chapter 3 › Section 15-3-22

No agreement or judicial determination of adverse possession shall affect existing utility lines. Source: SL 2018, ch 125, § 3.

§ 306.28 PROPERTY SALES BY PUBLIC CEMETERY ASSOCIATIONS.

Minn. Stat. § 306.28 · Minnesota · Statutes

Part 300_323A › Chapter 306 › Section 306.28

association which owns land that is or may be no longer used for the burial of the dead may exercise any or all of the following powers: (1) to institute and prosecute to final judgment an action to determine adverse … claims to the land in accordance with the laws relating to actions to determine adverse claims; (2) to sell and convey the land; or (3) to transfer and assign any funds or other property it may possess

§ 16.031. ENCLOSED LAND.

Tex. Civil Practice and Remedies Code § 16.031 · Texas · Statutes

Code cp › Chapter 16 › Section 16.031

(b) Possession of the interior tract by the owner or claimant of the surrounding land is not peaceable and adverse possession as described by Section 16.026 unless: (1) the interior tract is separated

65.061 Quieting title; additional remedy.

Fla. Stat. § 65.061 · Florida · Statutes

Title VI › Chapter 65 › Section 65.061

of the land has been held by any person or corporation adverse to the record owner thereof or his or her heirs and assigns until such adverse possession has ripened into a good title under the statutes … adverse claim or title or interest is void on its face or not, or if not void on its face that it may require extrinsic evidence to establish its validity.

Same; disturbance in fact and in law defined

La. Code Civ. Proc. art. 3659 · Louisiana · Statutes

Code code-of-civil-procedure › Article 3659

A disturbance in law is the occurrence or existence of any of the following adversely to the possessor of immovable property or a real right therein: (1) The execution, recordation, or registry, after … was recorded before the possessor and his ancestors in title commenced possession

Trying title to debt or property; third party claimant; jury.

Mich. Comp. Laws § 600.6128 · Michigan · Statutes

Chapter 600 › Act Act-236-of-1961 › Section 600.6128

to any personal property, and such ownership or right of possession is substantially disputed by another person; or A third party is indebted to the judgment debtor, and the obligation of the third party … to pay the judgment debtor is disputed; the court may, if the person or persons claiming adversely is a party to the proceeding, adjudicate the respective interests of the parties in such debt or real

70-28-104 Parties defendant -- unknown claimants

Mont. Code Ann. § 70-28-104 · Montana · Statutes

Title 70 › Chapter 28 › Part 1 › Section 70-28-104

join as defendants any or all persons, known or unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse … to plaintiff's ownership or any cloud upon plaintiff's title, whether the claim or possible claim be present or contingent, including the person or persons in possession if the plaintiff is not in possession

§ 34-7-9. Land preserved for open space, conservation or cemetery purposes.

R.I. Gen. Laws § 34-7-9 · Rhode Island · Statutes

Title 34 › Chapter 34-7 › Section 34-7-9

Any land held or preserved by a nonprofit corporation or nonprofit association for purposes of conservation, open space, or a cemetery is not subject to adverse possession or prescription.

Evidence at trial

Ark. Code Ann. § 18-60-606 · Arkansas · Statutes

Title 18 › Chapter 60 › Subchapter 6 › Section 18-60-606

claiming adverse to the petitioner. … claiming adverse to the petitioner