Utah Boundary by acquiescence

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Boundary by acquiescence has four elements:

  1. occupation up to a visible line marked by monuments, fences, or buildings,
  2. mutual acquiescence in the line as a boundary,
  3. for a long period of time,
  4. by adjoining land owners.

The requirement that mutual acquiescence be for a long period of time has been interpreted in Utah to mean at least twenty years. Jacobs v. Hafen, 917 P.2d 1078, 1080 (Utah 1996); Hobson v. Panguitch Lake Corp., 530 P.2d 792, 795 (Utah 1975). RHN Corp. v. Veibell, 2004 UT 60, 96 P.3d 935, 943

Boundary by acquiescence must be proven by clear and convincing evidence. Acquiescence is determined by the parties’ objective actions in relation to the boundary and not their mental state. Essential Botanical Farms, LC v. Kay, 2011 UT 71