78B-2-213. What constitutes adverse possession not under written instrument.
Land 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.