Hancock v. Planned Development Corp.

HALL, Chief Justice:

Plaintiff and defendant are abutting owners of real property situated in Weber County, Utah. Plaintiff brought this action to quiet title to a 31.6-foot strip of land along their east boundary that is encroached upon by a fence. Defendant counterclaimed, seeking to establish the fence line as its west boundary by acquiescence. The district court, sitting without a jury, denied relief to either party. Plaintiff appeals, and defendant cross-appeals.

The facts are not in material dispute. The metes and bounds description contained in plaintiffs deed encloses the disputed strip…