View Our Newest Version Here

2020 Utah Code
Title 78B - Judicial Code
Chapter 2 - Statutes of Limitations
Part 2 - Real Property
Section 211 - What constitutes adverse possession under written instrument.

Universal Citation:
UT Code § 78B-2-211 (2020)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
78B-2-211. What constitutes adverse possession under written instrument.
For the purpose of constituting an adverse possession by any person claiming a title based upon a written instrument or a judgment or decree, the property is considered to have been possessed if:
  • (1) it has been usually cultivated or improved;
  • (2) it has been protected by a substantial enclosure;
  • (3) although not enclosed, it has been used for the supply of fuel, fencing timber, for the purpose of husbandry, or for pasturage or for the ordinary use of the occupant; or
  • (4) where a known farm or single lot has been partly improved, the portion of the farm or lot which may have been left not cleared or not inclosed according to the usual course and custom of the adjoining county is considered to have been occupied for the same length of time as the part improved and cultivated.


Amended by Chapter 146, 2009 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.