Pender v. Jackson

In Pender v. Jackson, 123 Utah 501, 260 P.2d 542 (Utah 1953), the Court disagreed with the claimant's contention that "'holding the land for investment, speculation, lease, or the like'" fulfills the actual possession and occupation requirement of adverse possession codified in Utah Code section 78-12-9. The Court noted that "merely holding the land for speculation is the purpose for which the land is held and not the use of the land." The Court denied the "adverse claim because the necessary element of possession or occupation, as defined by the Utah statute, was not established."