ANDERSON v. FAUTIN

No. 20120972-CA.

330 P.3d 108 (2014)

2014 UT App 151

Terral E. ANDERSON, Plaintiff and Appellant, v. Janet FAUTIN, Defendant and Appellee.

Court of Appeals of Utah.

June 26, 2014.


Attorney(s) appearing for the Case

Marcus Taylor , for Appellant.

Tex R. Olsen , for Appellee.

Judge STEPHEN L. ROTH authored this Opinion, in which Judge GREGORY K. ORME and Senior Judge RUSSELL W. BENCH concurred.


Opinion

ROTH, Judge:

¶ 1 This boundary dispute case raises a single issue concerning the application of the doctrine of boundary by acquiescence: must the claimant show active use of the land on both sides of a disputed boundary to satisfy the occupation element of the doctrine? The plaintiff purchased property in Piute County in 1968 and did not use it or visit it for more than two decades. The defendant owns adjacent property to the north where for...

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