Utah Code » Title 78B, Chapter 2 — Statutes of Limitations; part 78B-2-2 — Real Property
Utah Code

Utah Code § 78B-2-208 (2026)

Adverse possession -- Possession presumed in owner

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In an action for the recovery of real property, it is presumed that:
the person establishing legal title to the property has been in possession of the property; and
any occupation of the property has been under and in subordination to the legal title.
Subsection (1) may be rebutted by a showing that the property has been held and possessed adversely to the legal title for at least seven years before commencement of the action.

Renumbered and Amended by Chapter 3, 2008 General Session

Notes of Decisions
Cited in 3 cases, 2010–2014 · leading case: Golden Meadows Props., LC v. Strand, 2010 UT App 257, 241 P.3d 375.
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Golden Meadows Props., LC v. Strand, 2010 UT App 257, 241 P.3d 375. · cites it 3× “" Utah Code Ann. § 78B-2-208(1) (2008). This presumption "may be rebutted by a showing that the property has been held and possessed adversely to the legal title for at least seven years before commencement of the action.”
Vandermeide v. Young, 2013 UT App 31, 296 P.3d 787. · cites it 2× “2d 520, 528-24 (Utah 1990) (footnote citations omitted); Utah Code Ann. § 78B-2-208(2) (LexisNexis 2008).”
Q-2, LLC v. Hughes, 2014 UT App 19, 319 P.3d 732. · cites it 2× “property will be "considered to have been adversely held if a person in possession of the property .”
Utah Code § 78B-2-208(1): 1 case
Golden Meadows Props., LC v. Strand, 2010 UT App 257, 241 P.3d 375. “" Utah Code Ann. § 78B-2-208(1) (2008). This presumption "may be rebutted by a showing that the property has been held and possessed adversely to the legal title for at least seven years before commencement of the action.”
Utah Code § 78B-2-208(2): 2 cases
Golden Meadows Props., LC v. Strand, 2010 UT App 257, 241 P.3d 375. “" Utah Code Ann. § 78B-2-208(1) (2008). This presumption "may be rebutted by a showing that the property has been held and possessed adversely to the legal title for at least seven years before commencement of the action.”
Vandermeide v. Young, 2013 UT App 31, 296 P.3d 787. “2d 520, 528-24 (Utah 1990) (footnote citations omitted); Utah Code Ann. § 78B-2-208(2) (LexisNexis 2008).”
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