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