11.100 - Possession presumed in legal owner unless adversely held.

11.100  Possession presumed in legal owner unless adversely held.  In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time prescribed by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it shall appear:

      1.  That is has been protected by a substantial enclosure; or

      2.  That it has been cultivated or improved in accordance with the usual and ordinary methods of husbandry.

      [1911 CPA § 13; RL § 4955; NCL § 8512]