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Utah · TitleUtah adverse possession: seven continuous years and every tax paid

In an action to recover real property in Utah, the person establishing legal title is presumed to have been in possession, and any occupation is presumed to be under and subordinate to that title, unless the property has been held adversely for at least seven years before the action began (Utah Code §78B-2-208). Adverse possession can't be established unless the land was occupied and claimed continuously for seven years and the claimant and the claimant's predecessors and grantors paid all taxes levied and assessed on the land (§78B-2-214). For a closing, a recorded owner who has kept paying the property taxes is in a strong position against an occupant's claim; the title company and a survey address any encroachment.

What the statutes set

  1. Presumption (§78B-2-208)

    The record owner is presumed in possession; rebutted only by seven years of adverse holding.

  2. Seven years (§78B-2-214)

    Continuous occupation and claim for seven years.

  3. Taxes (§78B-2-214)

    The claimant and predecessors must have paid all taxes levied on the land.

What the TC does when an occupancy or boundary issue appears

  • Ask the seller for proof the property taxes were paid for recent years.
  • Order a survey if the contract allows and flag any fence or structure over the line.
  • Ask the title company whether it needs a boundary agreement before closing.

Questions about Utah adverse possession

Does Utah adverse possession require paying property taxes?

Yes. The claimant and predecessors must have paid all taxes levied and assessed on the land during seven years of continuous occupation and claim (Utah Code §78B-2-214).

Add the survey and tax-payment proof as tasks on the deal in ClosingCode.

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Sources: Utah Code §§78B-2-208, 78B-2-214 (le.utah.gov), read October 30, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.