12-526. Real property in adverse possession and
use by possessor; ten year limitation; limit of area; fixing of
boundaries under duly recorded memorandum of title
A. A person who has a cause of action for recovery of any lands, tenements or
hereditaments from a person having peaceable and adverse possession thereof, cultivating,
using and enjoying such property, shall commence an action therefor within ten years
after the cause of action accrues, and not afterward.
B. The peaceable and adverse possession referred to in subsection A shall not
embrace more than one hundred and sixty acres, including the improvements or the number
of acres actually enclosed if less than one hundred and sixty acres is so enclosed, but
when such adverse possession is taken and held under some written memorandum of title
other than a deed which fixes the boundaries of the possessor's claim and is duly
recorded, such possession shall be construed to be coextensive with the boundaries
specified in such instrument.
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