SCM NEWS & OPINIONS

Anderson v. Fautin, 2016 UT 22, (May 31, 2016)

In this boundary dispute case, the Utah Supreme Court held that Utah’s boundary by acquiescence doctrine does not require a claimant to prove occupancy on both sides of a visible line, so the non-claimant’s occupancy is “immaterial to the occupation element.“ The doctrine requires a claimant to show: “(1) a visible line marked by monuments, fences, buildings, or natural features treated as a boundary; (2) the claimant’s occupation of his or her property up to the visible line such that it would give a reasonable landowner notice that the claimant is using the line as a boundary; (3) mutual acquiescence in the line as a boundary by adjoining landowners; (4) for a period of at least 20 years.”