OCR Text |
Show PRESCRIPTION 381 extent and according to purport of the paper title, (d) Actions by State, 40 years.636 (16) Texas, (a) Peaceable and adverse possession under title or color of title, 3 years, (b) Peaceable and adverse possession, using property and paying taxes thereon if any, claiming under registered deed, 5 years, (c) Peaceable and adverse possession and using the property, not exceeding 160 acres, but when taken under written registered memorandum of title other than a deed which fixes boundaries in which case peaceable possession construed to be coextensive with boundaries so specified, 10 years, (d) In the case of a tract of 5,000 acres or more, under prescribed circumstances, an exception is provided to the adverse possession contemplated in the immediately preceding category relating to 160 acres or less.637 (17) Utah, (a) General, 7 years, (b) Any person has color of title who, occupies a tract of real estate for 5 years, or for less time if at any time during such occupancy he pays the ordinary county taxes thereon for 1 year and 2 years have elapsed without repayment of same by the owner, and occupancy continues up to the time action is brought by which recovery of the real estate is obtained, (c) In no case shall adverse possession be considered established under any section of the code without showing land occupied and claimed for 7 years continuously, and payment by claimant of all taxes levied and assessed thereon according to law. (d) Action by State, 7 years.638 (18) Washington, (a) Actual open notorious possession, having a connected title in law or equity deducible or record from the State, United States, sale for nonpayment of taxes, judgment, or decree, 7 successive years, (b) Actual open notorious possession of land under claim and color of title, made in good faith, with payment of all taxes legally assessed thereon, claimant adjudged to be the legal owner to the extent and according to the purport of his paper title, 7 successive years, (c) Person having color of title made in good faith to vacant and unoccupied land who pays all taxes legally assessed for 7 successive years adjudged to be the legal owner to extent and according to the purport of his paper title.639 (19) Wyoming. Ten years.640 Abstracts of Western State statutory provisions limiting or pertaining to adverse possession of water rights.- (1) Alaska. No right to the use of water, either appropriated or unappropriated, shall be acquired by adverse use or posses- sion.641 636 S. Dak. Comp. Laws Ann. § § 15-3-1,15-3-15, 15-3-16,15-3-4 (1967). 637Tex. Rev. Civ. Stat. Ann. arts. 5507, 5509, 5510, 5512 (1958). In addition, art. 5529 provides, "Every action other than for the recovery of real estate, for which no limitation is otherwise prescribed, shall be brought within four years next after the right to bring the same shall have accrued and not afterward." 638Utah Code Ann. § § 78-12-5 (1968), 57-6-4 (1963), 78-12-12, 78-12-2 (1968). 639Wash. Rev. Code § § 7.28.050, 7.28.070, 7.28.080 (Supp. 1956). 640Wyo. Stat. Ann. § 1-13 (1957) 641 Alaska Stat. § 46.15.040(a) (Supp. 1966). |