Question 1

What are the elements of adverse possession in Utah?

Accepted Answer

To establish adverse possession in Utah, the claimant must prove: (1) actual possession of the land; (2) open and notorious possession — meaning the possession was visible and obvious to the true owner; (3) hostile possession — meaning under a claim of right, not with the owner's permission; (4) exclusive possession — not shared with the true owner; (5) continuous possession for at least seven years; and (6) in most cases, payment of property taxes on the disputed land during the statutory period.

Question 2

How long does adverse possession take in Utah?

Accepted Answer

Utah's adverse possession statute requires seven years of continuous possession. The seven-year period can be 'tacked' — meaning successive possessors can combine their periods of possession — as long as there is privity between them. Once the seven-year period is complete, the adverse possessor has a claim to title, but must file a quiet title action to establish that title in the public record.

Question 3

Does adverse possession require paying property taxes?

Accepted Answer

Yes, in most cases. Utah Code § 78B-2-208 requires that the adverse possessor have paid all taxes levied on the land during the period of adverse possession. This requirement is strictly enforced and is one of the most common reasons adverse possession claims fail. We help clients gather property tax records and address disputes about which party paid taxes on the disputed parcel.

Question 4

Can I lose my property to adverse possession?

Accepted Answer

Yes, if someone has openly, continuously, and exclusively possessed a portion of your land for seven years and paid property taxes on it, they may have a valid adverse possession claim. The best way to protect against adverse possession is to regularly inspect your property, post no-trespassing signs, and take prompt legal action if you discover someone encroaching on your land. If you are already facing an adverse possession claim, contact an attorney immediately.

Question 5

What is the difference between adverse possession and prescriptive easement?

Accepted Answer

Adverse possession results in ownership of the land — the adverse possessor acquires title. A prescriptive easement results only in a right to use the land for a specific purpose — the original owner retains title. Prescriptive easements arise from the same type of open, notorious, continuous, hostile use as adverse possession, but the claimant is seeking a use right rather than ownership.

Question 6

Can adverse possession apply to a strip of land along a fence line?

Accepted Answer

Yes. Adverse possession most commonly arises in the context of a strip of land along a boundary line — a fence that was built in the wrong location, a driveway that crosses the property line, or a landscaped area that one neighbor has maintained for years. If the neighbor has openly and continuously maintained that strip for seven years and paid taxes on it, they may have an adverse possession claim to that strip.

Question 7

What is 'color of title' in an adverse possession claim?

Accepted Answer

Color of title refers to a claim to land based on a written instrument — such as a deed — that appears to convey title but is defective for some reason. A claimant with color of title may be able to claim adverse possession of the entire parcel described in the defective instrument, rather than just the portion actually possessed. Color of title can also affect the applicable limitations period and the scope of the adverse possession claim.

Question 8

How do I stop an adverse possession claim against my property?

Accepted Answer

The most effective ways to defeat an adverse possession claim are to challenge the elements of the claim — particularly continuity, exclusivity, and payment of property taxes — and to show that the possession was permissive rather than hostile. If you discover someone encroaching on your land, you should take immediate action: post no-trespassing signs, send a written notice, and consult an attorney. Granting permission for the use defeats the hostility element and stops the adverse possession clock.

Adverse Possession Lawyer Utah

Utah Adverse Possession Attorneys

Adverse Possession Services

Establishing Adverse Possession

Defending Against Adverse Possession

Boundary Strip Claims

Color of Title Claims

Property Tax Evidence

Quiet Title Actions

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