Clair W. & Gladys Judd Family Ltd. Partnership v. Hutchings

HOWE, Associate Chief Justice:

Plaintiff appeals from a judgment determining the boundary between its property and defendants’ property to be a longstanding fence line, based on the rule of boundary by acquiescence.

Plaintiff and defendants own adjoining tracts of land in Utah County, with plaintiffs tract lying immediately south of defendants’ tract. The parties have stipulated that the legal descriptions of the two tracts overlap, as much as twenty-one feet at one point. Lying south of both deed lines is a fence line which the trial court found that the parties and their predecessors had…