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..."What made this doctrine acceptable to avoid the statute of frauds was that, despite the absence of an express parol agreement, the doctrine “required a lengthy period of acquiescence.” Halladay, 685 P.2d at 503. “The doctrine of boundary by acquiescence is rooted in policy considerations of ‘avoiding litigation and promoting stability of landownership.’” Bahr, 2011 UT 19, at ¶35 (further citation omitted).
Simplified Summary: Settling Boundary Disputes Using Utah’s Boundary by Acquiescence Doctrine
by Elliot R. Lawrence
The Fence line is my property line..... Right?
New Case Summary–Q-2 v. Hughes Utah Supreme Court February 16, 2016
The Utah Supreme Court confirmed that title to property passes by operation of law when the elements of boundary by acquiescence are met because 1) the Court held that parties obtained title by operation of law in its prior boundary by acquiescence cases; 2) title passes by operation of law in the closely related doctrine of adverse possession; and 3) policy considerations favor the transfer of property by operation of law.