Anderson v. Fautin, 2014 UT App 151 (June 26, 2014)
Jun 26, 2014
This appeal addressed whether a claimant in a boundary by acquiescence case must show active use on both sides of the disputed boundary in order to satisfy the occupation element of the doctrine. The doctrine of boundary by acquiescence allows a landowner to establish a property line that differs from the legal description of her property by satisfying four elements: (1) occupation up to a visible line marked by monuments, fences, or buildings; (2) mutual acquiescence in the line as a boundary; (3) for a long period of time; (4) by adjoining landowners. The Utah Court of Appeals held that a claimant satisfies the occupation element when her use of land up to a visible line would put a reasonable party on notice that the given line was being treated as a boundary between the properties.