(1) The owners of adjoining property may initiate a boundary establishment to:
- (a) resolve an ambiguous, uncertain, or disputed boundary between the adjoining properties; and
- (b) agree upon the location of an existing common boundary between the adjoining properties.
(2) Adjoining property owners executing a boundary establishment described in Subsection (1) shall:
- (a) prepare an establishment document that complies with Section 57-1-45; and
- (b) record the boundary establishment with the county recorder for the county in which the property exists, in accordance with Section 57-1-45.
(3) A boundary establishment:
- (a) is not subject to review of a land use authority; and
- (b) does not require consent or approval from a land use authority before it may be recorded.
- (4) A boundary establishment is effective from the day it is recorded by a county recorder.
- (5) A municipality may enforce municipal ordinances against property with a boundary establishment that violates a land use regulation.
(6) A boundary establishment that complies with this section presumptively:
- (a) has no detrimental effect on any easement on the property that is recorded before the day on which the agreement is executed; and
- (b) conveys the ownership of the adjoining parties to the established common boundary.
Renumbered and Amended by Chapter 15, 2025 Special Session 1