Section 78B-2-213 - What constitutes adverse possession not under written instrumentLand is considered to be possessed and occupied adversely by a person claiming title not founded upon a written instrument, judgment, or decree in the following cases only, where:
(1) it has been protected by a substantial enclosure;(2) it has been usually cultivated or improved; or(3) labor or money amounting to the sum of $5 per acre has been expended upon dams, canals, embankments, aqueducts, or otherwise for the purpose of irrigating the land.Amended by Chapter 33, 2016 General Session ,§ 6, eff. 5/10/2016.Renumbered and Amended by Chapter 3, 2008 General Session