12-523. Real property in adverse possession
under title or color of title; three year limitation
A. An action to recover real property from a person in peaceable and adverse
possession under title or color of title shall be commenced within three years after the
cause of action accrues, and not afterward.
B. "Title" means a regular chain of transfer from or under sovereignty of the
soil. "Color of title" means a consecutive chain of such transfer down to the person in
possession without being regular, as if one or more of the memorials or muniments is not
recorded or not duly recorded or is only in writing, or such like defect as does not
extend to or include the want of intrinsic fairness and honesty, or when the party in
possession holds the real property by a land warrant or land scrip, with a chain of
transfer down to him in possession.
|