Roberts v. Russell

OPINION

McHUGH, Presiding Judge:

T1 Jilene Roberts (Mrs. Roberts) appeals from the trial court's ruling that she waived her quiet title claim against Dr. Roger Russell, that Dr. Russell did not trespass on her property, and that she is not entitled to attorney fees. We reverse and remand.

BACKGROUND

[ 2 Mrs. Roberts owns a parcel of property in rural Sanpete County (the Property). She owned the Property as a joint tenant with right of survivorship with her husband, Kent Max Roberts, until his death on April 5, 2010. To the east of the Property is a parcel of land owned by Jim and Jan Purkey.…