Nevada Revised Statutes

Nev. Rev. Stat. § 11.100 (2026)

Possession presumed in legal owner unless adversely held

✓ current as of July 2026

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NRS 11.100 Possession presumed in legal owner unless adversely held. In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time prescribed by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it shall appear:

1. That is has been protected by a substantial enclosure; or

2. That it has been cultivated or improved in accordance with the usual and ordinary methods of husbandry.

[1911 CPA § 13; RL § 4955; NCL § 8512]

Notes of Decisions

Cited in 2 cases, 1993–2009 · leading case: Dayton Valley Investors, LLC v. Union Pac. R.R., 664 F. Supp. 2d 1174 (D. Nev. 2009).

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Dayton Valley Investors, LLC v. Union Pac. R.R., 664 F. Supp. 2d 1174 (D. Nev. 2009). · cites it 2× “The Nevada Revised Statutes provide two separate methods of establishing such occupation and possession, depending on whether or not the occupant’s claim of title is “found[ed] upon a written instrument as being a conveyance of the premises in question.”

Triplett v. David H. Fulstone Co., 849 P.2d 334 (Nev. 1993). “Finally, although it appears that the 1937 deed should have provided sufficient warning for subsequent purchasers to be on notice of a previous conveyance, because this issue was not raised at the trial level or on appeal, we express no opinion with regard to this issue.”

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