78B-2-209 - Adverse possession -- Presumption -- Proviso -- Tax title. - Utah Statutes

78B-2-209. Adverse possession -- Presumption -- Proviso -- Tax title.
(1) In an action for the recovery or possession of real property, to quiet title to ordetermine the property's owner, the person establishing a legal title to the property is presumed tohave been in possession of the property within the time required by law. The occupation of theproperty by any other person is considered to have been under and in subordination to the legaltitle, unless it appears that the property has been held and possessed adversely to the legal title forseven years before the commencement of the action.
(2) If in any action a party establishes prima facie evidence of ownership of any realproperty under a tax title held by him and his predecessors for four years prior to thecommencement of the action, he is presumed to be the owner of the property by adversepossession. This presumption may be rebutted if it appears that the owner of the legal title or hispredecessor has actually occupied or been in possession of the property under the title or that thetax title owner and his predecessors have failed to pay all the taxes levied or assessed upon theproperty within the four-year period.

Renumbered and Amended by Chapter 3, 2008 General Session