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Show PRESCRIPTION 379 Abstracts of Western State statutory limitation periods pertaining to adverse possession of land.- (1) Alaska. Seven years, except as against State or United States.621 (2) Arizona, (a) Right of possession only, 2 years, (b) Peace- able and adverse possession, under title or color of title, 3 years, (c) Peaceable and adverse possession, using the property and paying taxes thereon, claiming under recorded deed, 5 years, (d) Peaceable and adverse possession and using the property, not exceeding 160 acres, but when held under written recorded memorandum of title other than a deed which fixes boundaries in which case peaceable possession construed to be coextensive with boundaries so speci- fied, 10 years.622 (3) California, (a) General, 5 years, (b) In no case shall adverse possesion be considered established under any section of the code without showing land occupied and claimed for 5 years continu- ously, and payment by claimant of all taxes (State, county, or municipal) levied and assessed thereon, (c) Actions by State, 10 years.623 (d) Exempted from prescription are public uses by a public utility, and the State or any public entity.624 (4) Colorado, (a) Adverse possession of any land after first accrual shall be conclusive evidence of absolute ownership, 18 years, but not applicable as against State or any public entity, (b) Possessor under claim and color of title, made in good faith, with payment of all taxes legally assessed, adjudged to be the legal owner to the extent and according to the purport of the paper title, 7 years, (c) Person having color of title, made in good faith, to vacant and unoccupied land, who pays all taxes legally assessed thereon for 7 successive years, adjudged to be the legal owner to the extent and according to the purport of the paper title.625 (5) Hawaii, (a) General, 10 years, (b) In escheat proceedings, no person may defend against the State on the ground of being in possession of the property without proving possession by color of title, or adverse possession for 10 years and payment of all taxes during last 6 years.626 (6) Idaho, (a) General, 5 years, (b) In no case shall adverse 75-14-5 (1968) which provides that in all cases where there has been continuous use of a ditch for irrigation purposes for 5 years, it shall be conclusively presumed that as between the parties a grant has been made by the owners of the land upon which the ditch is located for the use of such ditch; Haw. Rev. Stat. § 501-87 (1968) which provides that no title or right to or across registered land (for example, for an irrigation ditch) in derogation of that of the registered owner shall be acquired by prescription or adverse possession, except as against a person registered as the first owner with a possessory title only. 621 Alaska Stat. § 09.25.050 (Supp. 1962). 622 Ariz. Rev. Stat. Ann. § § 12-522, -523, -525, -526 (1956). 623Cal. Civ. Pro. Code § § 318, 325, 315 (West 1954). 624Cal. Civ. Code, § 1007 (West Supp. 1970). "sColo. Rev. Stat. Ann. § § 118-7-1 (Supp. 1967), 118-7-8,118-7-9 (1963). 626Haw. Rev. Stat. § § 657-31, 665-1 to -3 (1968). |
