Q-2 L.L.C. v. HUGHES

No. 20140131.

368 P.3d 86 (2016)

2016 UT 8

Q-2 L.L.C., Petitioner, v. Wayne L. HUGHES, Sr. and Patricia L. Hampton-Hughes, Respondent.

Supreme Court of Utah.

February 16, 2016.


Attorney(s) appearing for the Case

David J. Shaffer , Bountiful, for petitioner.

John M. Webster , Riverdale, for respondents.

Kenji Kawa , Riverdale, for respondent Wayne L. Hampton.

Anthony W. Schofield , Peter C. Schofield , Justin W. Star , Salt Lake City, amicus curiae, for Attorney's Title Guaranty Fund, First American Title Company, Old Republic National Title Company, Stewart Title Guaranty Company, and Westcor Land Title Company.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice LEE, Justice DURHAM, and Justice HIMONAS joined. Justice JOHN A. PEARCE became a member of the Court on December 17, 2015, after oral argument in this matter, and accordingly did not participate.


Introduction

¶ 1 We are asked to decide only one issue in this case: how and when does a party acquire title to property under the doctrine of boundary by acquiescence? Does title transfer by operation of law at the time the elements of boundary by acquiescence are met or by judicial decree...

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