Q-2 L.L.C. v. Hughes
2016 UT 8
| Utah | 2016Background
- Neighboring parcels in Syracuse, Utah used an old north–south fence as the boundary from 1927 to 1971; the fence was actually located on the eastern parcel, depriving its owners of a strip of record land.
- The Hugheses purchased the eastern parcel in 1998 and used the land up to the record line (i.e., occupying the strip west of the old fence) even though predecessors had treated the strip as part of the western parcel for decades.
- Dahl Investment successfully sued the Hugheses in 2001 to quiet title under boundary by acquiescence; the court of appeals affirmed in 2004.
- Q-2 later asserted a boundary-by-acquiescence claim to the same strip in 2008; the trial court quieted title in Q-2 and granted summary judgment dismissing the Hugheses’ adverse possession counterclaim.
- The court of appeals affirmed that title vested in Q-2’s predecessor by operation of law no later than 1971, but reversed the summary judgment on adverse possession and remanded; Utah Supreme Court granted certiorari to resolve when title vests under boundary by acquiescence.
Issues
| Issue | Hugheses' Argument | Q-2's Argument | Held |
|---|---|---|---|
| When does title vest under the doctrine of boundary by acquiescence? | Title vests by operation of law when the doctrine’s elements are satisfied, therefore Q-2’s title vested then and could be lost later by others (e.g., adverse possession). | Title should vest only upon judicial adjudication recognizing the boundary, so there is no off-record transfer before a court declares it. | Title vests by operation of law at the moment the doctrine’s elements are met; judicial decree only recognizes that previously vested title. |
Key Cases Cited
- Brown v. Peterson Dev. Co., 622 P.2d 1175 (Utah 1980) (held that possession ripened into legal title by operation of law under boundary by acquiescence and could be transferred by quitclaim prior to litigation)
- RHN Corp. v. Veibell, 96 P.3d 935 (Utah 2004) (affirmed that occupancy ripened into legal title long before litigation; discovery of record boundary did not defeat prior vesting)
- Jacobs v. Hafen, 917 P.2d 1078 (Utah 1996) (articulated elements of boundary by acquiescence, including 20-year period)
- Rydalch v. Anderson, 107 P. 25 (Utah 1910) (early adverse-possession precedent recognizing that title vests by operation of law when the statutory period expires)