Title 78B, Title 78B: Judicial Code

78B-2-105. Effect of death. If an individual entitled to bring an action dies before the expiration of the statute of limitations and the cause of action survives, an action may be brought by the individual's representatives within the later of: (1) the statute of limitations; or…

78B-2-106. Effect of death of defendant outside this state. If a person against whom a cause of action exists dies outside the state, the time which elapses between his death and the expiration of one year after this state issues letters testamentary or letters of administration …

78B-2-107. Effect of war. When a person is an alien subject or a citizen of a country at war with the United States, the duration of the war may not be counted as part of the statute of limitations for the commencement of the action.

78B-2-108. Effect of disability -- Minority or mental incompetence -- Damages. (1) An individual may not bring a cause of action while the individual is: under 18 years old; or mentally incompetent without a legal guardian. (2) During the time that an individual is underage or me…

78B-2-109. Disability must exist when right of action accrues. A person may not take advantage of a disability, unless it existed when the person's right of action accrued.

78B-2-110. All disabilities must be removed. When two or more disabilities coexist at the time the right of action accrues, the limitation does not attach until all are removed.

78B-2-111. Failure of action -- Right to commence new action. (1) If any action is timely filed and the judgment for the plaintiff is reversed, or if the plaintiff fails in the action or upon a cause of action otherwise than upon the merits, and the time limited either by law or …

78B-2-112. Effect of injunction or prohibition. The duration of an injunction or statutory prohibition which delays the filing of an action may not be counted as part of the statute of limitations.

78B-2-113. Effect of payment, acknowledgment, or promise to pay. (1) An action for recovery of a debt may be brought within the applicable statute of limitations from the date: the debt arose; a written acknowledgment of the debt or a promise to pay is made by the debtor; or a pa…

78B-2-114. Separate trial of statute of limitations issue in malpractice actions. (1) An issue raised by the defense regarding the statute of limitations in a case may be tried separately if the action is for professional negligence or for rendering professional services without …

78B-2-115. Actions by state or other governmental entity. Except for the provisions of Section, and the collection of criminal fines, fees, and restitution by the Office of State Debt Collection in accordance with Sections,, and, the limitations in this chapter apply to actions b…

78B-2-116. Statute of limitations -- Asbestos damages -- Action by state or governmental entity. (1) A statute of limitations or repose may not bar an action by the state or other governmental entity to recover damages from any manufacturer of any construction materials containin…

78B-2-117. Statute of limitations -- Asbestos damages. (1) Notwithstanding any other provision of law, a statute of limitation or repose may not bar an action to recover damages from any manufacturer of any construction materials containing asbestos and arising out of the manufac…

78B-2-118. Actions against the United States. Actions against the federal government regarding real property and that are subject to the federal Quiet Title Act, 28 U.S.C. Sec. 2409a, do not expire under this chapter.

78B-2-119. Statute of limitations after criminal proceeding. (1) As used in this section: "Cause of action" means any civil claim that a victim could bring against a defendant for criminal conduct committed against the victim. "Criminal conduct" means any act that is charged as a…

78B-2-201. Actions by the state. (1) The state may not bring an action against any person for or with respect to any real property, its issues or profits, based upon the state's right or title to the real property, unless: the right or title to the property accrued within seven y…

78B-2-202. Actions by patentees or grantees from state. A person receiving letters patent or a grant of real property from the state may not bring an action based on the patent or grant unless the state would have been able to bring an action had the patent or grant not been made…

78B-2-203. When letters patent or grants declared void. When letters patent or grants of real property issued or made by the state are declared void by a court of competent jurisdiction, an action for the recovery of the property shall be brought either by the state, or by any su…

78B-2-204. Seizure or possession within seven years necessary. An action for the recovery or possession of real property may not be maintained, unless it appears the plaintiff, his ancestor, grantor, or predecessor owned or possessed the property in question within seven years be…

78B-2-205. Seizure or possession within seven years -- Proviso -- Tax title. (1) An action for the recovery or possession of real property may not be maintained, unless the plaintiff or his predecessor owned or possessed the property within seven years before the commencement of …

78B-2-206. Holder of tax title -- Limitations of action or defense -- Proviso. An action or defense to recover, take possession of, quiet title to, or determine the ownership of real property may not be commenced against the holder of a tax title after the expiration of four year…

78B-2-207. Actions or defenses founded upon title to real estate. An action, defense, or counterclaim to an action based upon title to the property or entitlement to the rents or profits from the property shall be brought: (1) not later than seven years after the act on which it …

78B-2-208. Adverse possession -- Possession presumed in owner. (1) In an action for the recovery of real property, it is presumed that: the person establishing legal title to the property has been in possession of the property; and any occupation of the property has been under an…

78B-2-209. Adverse possession -- Presumption -- Proviso -- Tax title. (1) In an action for the recovery or possession of real property, to quiet title to or determine the property's owner, the person establishing a legal title to the property is presumed to have been in possessio…

78B-2-210. Adverse possession -- Under written instrument or judgment. (1) Property is considered to have been adversely held if a person in possession of the property, either personally or through another: possesses a written document purporting to convey title; or possesses a d…

78B-2-211. What constitutes adverse possession under written instrument. For the purpose of constituting an adverse possession by any person claiming a title based upon a written instrument or a judgment or decree, the property is considered to have been possessed if: (1) it has …

78B-2-212. Adverse possession -- Under claim not founded on written instrument or judgment. Where it appears that there has been an actual continued occupation of land under claim of title, exclusive of any other right, but not founded upon a written instrument, judgment or decre…

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 protect…

78B-2-214. Adverse possession -- Continuous -- Seven years -- Taxes paid. Adverse possession may not be established unless it is shown that the land has been occupied and claimed continuously for seven years, and that the party and the party's predecessors and grantors have paid …

78B-2-215. Adverse possession -- Payment of taxes -- Proviso -- Tax title. Payment of all the taxes levied and assessed upon the real property for a period of not less than four years by the holder of a tax title to the real property or his predecessors is sufficient to satisfy t…

78B-2-216. Adverse possession of certain real property. (1) As used in this section: "Government entity" means a town, city, county, metropolitan water district, or special district. "Water facility" means any improvement or structure used, or intended to be used, to divert, conv…

78B-2-217. Adverse possession -- Possession of tenant considered possession of landlord. When a landlord and tenant relationship exists between persons, the possession of the tenant is considered the possession of the landlord until the expiration of seven years after the termina…

78B-2-218. Adverse possession -- Possession not affected by descent cast. The right of a person to the possession of real property is not impaired or affected by a descent cast in consequence of the death of a person in possession of the property.

78B-2-219. Adverse possession -- Action to redeem mortgage of real property. An action to redeem a mortgage of real property, with or without an account of rents and profits, may not be brought by the mortgagor, or those claiming under him, against the mortgagee in possession, or…

78B-2-220. Redemption when more than one mortgagor. If there is more than one mortgagor, or more than one person claiming under a mortgagor, some of whom are not entitled to maintain an action under the provisions of this article, any one of them who is entitled to maintain an ac…

78B-2-221. Actions to recover estate sold by guardian. An action for the recovery of an estate sold by a guardian shall be brought by the ward, or any person claiming under the ward, within three years after the termination of the guardianship.

78B-2-222. Actions to recover estate sold by executor or administrator. An action for the recovery of an estate sold by an executor or administrator in the course of a probate proceeding shall be maintained by an heir or other person claiming under the decedent within three years…

78B-2-223. Minority or disability prevents running of period. Sectionsandshall not apply to minors or others under any legal disability to sue at the time when the right of action first accrues. Sectionshall apply in those circumstances.

78B-2-224. Disabilities -- Time tolled. A statute of limitations may not be applied to a person's ability to bring an action during a period in which the person is: (1) a minor; or (2) mentally incompetent.

78B-2-225. Actions related to improvements in real property. (1) As used in this section: "Abandonment" means that there has been no design or construction activity on an improvement for a continuous period of at least one year. "Action" means any claim for judicial, arbitral, or…

78B-2-226. Boundary surveys. A person shall bring an action against a surveyor for acts, errors, or omissions in the performance of a boundary survey filed pursuant to Sectionwithin five years of the date of the filing.

78B-2-301. Within six months. An action may be brought within six months against a tax collector or the tax collector's designee: (1) to recover any goods, wares, merchandise, other property seized in his official capacity, or the price or value of any of it; (2) for damages for …

78B-2-302. Within one year. An action may be brought within one year: (1) for liability created by the statutes of a foreign state; (2) upon a statute for a penalty or forfeiture where the action is given to an individual, or to an individual and the state, except when the statut…

78B-2-303. One year -- Actions on claims against county, city, or town. Actions on claims against a county, city, or incorporated town, which have been rejected by the county executive, city commissioners, city council, or board of trustees shall be brought within one year after …

78B-2-304. Within two years. An action may be brought within two years: (1) against a marshal, sheriff, or other officer for liability incurred during the performance of the officer's official duties or by the omission of an official duty, including the nonpayment of money collec…

78B-2-305. Actions with a statute of limitations of three years -- Exceptions. (1) Except as otherwise provided in this Subsection, an action may only be brought within three years: (1) for waste, trespass upon, or injury to real property; for taking, detaining, or injuring perso…