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Q-2, LLC v. Hughes
319 P.3d 732
Utah Ct. App.
2014
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Background

  • Dispute over property boundary between Hugheses and nearby parcels in Syracuse, Utah, arising from a fence line versus the recorded boundary from 1927 to 1971.
  • Hugheses purchased in 1998, the fence had deteriorated, and they occupied property up to the record property line.
  • In 2001 Dahl Inv. Co. v. Hughes, the court upheld a boundary by acquiescence along the old fence line from roughly 1925 to 1965.
  • In 2008, Q-2, LLC filed a quiet-title action and alleged boundary by acquiescence; Hugheses counterclaimed adverse possession.
  • Before trial, Q-2 moved for partial summary judgment on adverse possession; the court granted it and dismissed Hugheses' claim with prejudice.
  • At trial, the court found boundary by acquiescence from 1927 to 1971, quieted title in Q-2, and the case proceeded to determine related issues.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
When did legal title transfer under boundary by acquiescence? Hugheses: title vested by 1971 when acquiescence elements met. Q-2: title remained with Hugheses until trial order quieted title. Legal title passed no later than 1971.
Whether Hugheses' possession after 1998 was adverse to the legal title. Hugheses held title against the legal owner and possessed openly since 1998. Hugheses possessed under color of title but not against the true owner after title vested in Q-2 by 1971. Hugheses' possession from 1998–2008 was adverse to the legal title; summary judgment reversed.

Key Cases Cited

  • Brown v. Peterson Development Co., 622 P.2d 1175 (Utah 1980) (title may vest by operation of boundary by acquiescence before litigation)
  • RHN Corp. v. Veibell, 96 P.3d 985 (Utah Supreme Court 2004) (possession ripens into title long before discovery of true boundary)
  • Jacobs v. Hafen, 917 P.2d 1078 (Utah 1996) (boundary by acquiescence requires 20 years of mutual acquiescence and occupancy)
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Case Details

Case Name: Q-2, LLC v. Hughes
Court Name: Court of Appeals of Utah
Date Published: Jan 24, 2014
Citation: 319 P.3d 732
Docket Number: No. 20120607-CA
Court Abbreviation: Utah Ct. App.