Statutes and regulations

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.

§ 78B-2-218. Adverse possession -- Possession not affected by descent cast.

Utah Code § 78B-2-218 · Utah · Statutes

Title 78B › Chapter 78B-2 › § 78B-2-218

The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of the property.

Notice of action adverse to possession of tenant

N.Y. RPP Law § 225 · New York · Statutes

Act RPP › Article 7 › Section 225

Notice of action adverse to possession of tenant. … Where a\nprocess or summons in an action to recover the real property occupied by\nhim, or the possession thereof, is served upon a tenant, he must\nforthwith give notice thereof to his landlord; otherwise

Inapplicability of time limitation for adverse possession cases

N.J. Stat. § 2A:14-1.4 · New Jersey · Statutes

Title 2A › Chapter 14 › Section 14-1.4

The 10-year time period limitation on actions for the statute of repose set forth in section 1 of P.L.1967, c.59 (C.2A:14-1.1) for surveying shall not be applicable to cases of adverse possession. … In adverse possession cases the statute of repose for surveying shall be coterminous with the time period required for the adverse possession. L.2001,c.76,s.3.

372.110 Person in possession may purchase adverse claim

KRS § 372.110 · Kentucky · Statutes

Title XXX › Chapter 372 › Section 372.110

372.110 Person in possession may purchase adverse claim. Persons in possession may purchase the adverse outstanding title or claim. … The purchase shall be good and shall inure to the benefit of the person making it, or to the person under whom he claims and holds the land so possessed.

Conveyance of church land held in adverse possession

Va. Code Ann. § 57-17 · Virginia · Statutes

Title 57 › Chapter 2 › Article 2 › Section 57-17

Whenever any church in the Commonwealth has been in the undisputed possession, for a period of 25 years or more, of any real estate, and for which there is no deed of record, the church, after giving notice … Upon the hearing of such petition, if the court shall be satisfied that the real estate mentioned has been in the undisputed possession of such church for a period of 25 years or more; that the boundaries

§ 42A-1-30. Adverse possession; statute of limitation

N.M. Stat. § 42A-1-30 · New Mexico · Statutes

Chapter 42A › Article 1 › Section 42A-1-30

The defendant to an action brought pursuant to Section 42A-1-29 NMSA 1978 may plead adverse possession as defined by Section 37-1-22 NMSA 1978 or acquisition by prescription as a defense to the action,

Adverse possession does not prevent sale and conveyance

Nev. Rev. Stat. § 111.165 · Nevada · Statutes

Title 10 › Chapter 111 › Section 111.165

Any person claiming title to any real property may, notwithstanding there may be an adverse possession thereof, sell and convey his or her interest therein in the same manner and with the same effect as … if the person was in actual possession thereof.

Acquisition of rights by prescription or adverse possession

Mass. Gen. Laws ch. 132A, sec. 3B · Massachusetts · Statutes

Part I › Title XIX › Chapter 132A › Section 3B

A person shall not acquire any rights by prescription or adverse possession in any lands or rights in lands of the commonwealth under the control of the department of conservation and recreation. … A person shall not acquire any rights by prescription or adverse possession in any lands or rights in lands of the commonwealth under the control of the department of conservation and recreation.

RCW 7.28.085: Adverse possession—Forestland—Additional requirements—Exceptions.

RCW 7.28.085 · Washington · Statutes

Title 7 › Chapter 28 › Section 085

(1) In any action seeking to establish an adverse claimant as the legal owner of a fee or other interest in forestland based on a claim of adverse possession, and in any defense to an action brought by … the holder of record title for recovery of title to or possession of a fee or other interest in forestland where such defense is based on a claim of adverse possession, the adverse claimant shall not

§ 3425. Adverse possession in roadway confers no right

5 V.S.A. § 3425 · Vermont · Statutes

Title 5 › Chapter 60 › Section 3425

A person shall not by reason of adverse possession acquire title to lands belonging to a railroad corporation where such lands lie within the limits of the roadway of such corporation as recorded in the

Adverse possession not under written instrument or judgment

N.Y. RPA Law § 521 · New York · Statutes

Act RPA › Article 5 › Section 521

Adverse possession not under written instrument or judgment. … under a\nclaim of right, exclusive of any other right, but not founded upon a\nwritten instrument or a judgment or decree, the premises so actually\noccupied, and no others, are deemed to have been held adversely

Real estate taxes following determination of adverse possession

S.D. Codified Laws § 15-3-21 · South Dakota · Statutes

Title 15 › Chapter 3 › Section 15-3-21

Upon a judicial determination of adverse possession the adjacent landowner acquiring the ownership and right to possession pursuant to this chapter becomes immediately liable for all future real estate

70-19-404 Presumption of possession within prescribed period -- adverse possession as exception

Mont. Code Ann. § 70-19-404 · Montana · Statutes

Title 70 › Chapter 19 › Part 4 › Section 70-19-404

Presumption of possession within prescribed period -- adverse possession as exception. … law, and the occupation of the property by any other person is deemed to have been under and in subordination to the legal title unless it appear that the property has been held and possessed adversely

Tort immunity for landowners' allowing recreational activity; adverse possession.

Alaska Stat. § 09.65.202 · Alaska · Statutes

Title 9 › Chapter 09.65 › Section 09.65.202

(e) Except as provided for under AS 09.45.052 (d), land use allowed by a landowner for a recreational activity without charge may not form the basis of a claim for adverse possession, prescriptive easement

Relation of landlord and tenant as affecting adverse possession

Nev. Rev. Stat. § 11.160 · Nevada · Statutes

Title 2 › Chapter 11 › Section 11.160

Whenever the relation of landlord and tenant shall have existed between any persons, the possession of the tenant shall be deemed the possession of the landlord until the expiration of 5 years from the … there has been no written lease, until the expiration of 5 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

§ 39-6-9. Possession of land adverse to railroad.

R.I. Gen. Laws § 39-6-9 · Rhode Island · Statutes

Title 39 › Chapter 39-6 › Section 39-6-9

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

Essentials of adverse possession under written instrument or judgment

N.Y. RPA Law § 512 · New York · Statutes

Act RPA › Article 5 › Section 512

Essentials of adverse possession under written instrument or\njudgment. … For the purpose of constituting an adverse possession, founded\nupon a written instrument or a judgment or decree, land is deemed to\nhave been possessed and occupied in any of the following cases:\n

Registered property not affected by prescription or adverse possession

N.Y. RPP Law § 401 · New York · Statutes

Act RPP › Article 12 › Section 401

Registered property not affected by prescription or adverse\npossession. … No title to registered real property, in derogation of that\nof the registered owner, shall be acquired by prescription or adverse\npossession.\n

47-06-03. Title to real property - Adverse possession

N.D. Cent. Code § 47-06-03 · North Dakota · Statutes

Title 47 › Chapter 47-06 › Section 47-06-03

Title to real property - Adverse possession A title to real property, vested in any person who has been or hereafter shall be, either alone or including those under whom that person claims, in the actual … Possession by a county under tax deed shall not be deemed adverse.