Legal Opinion

Smith v. SECURITY INVESTMENT LTD.

Court of Appeals of Utah

Decided December 3, 2009No. 20080790-CAPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION

ORME, Judge:

1 1 This case involves a dispute over a two-acre parcel of land to which Defendant Seeu-rity Investment LTD claims record title, but to which Plaintiffs (collectively, the Smiths) claim ownership under the doctrine of boundary by acquiescence. A fence, constructed in a nearly straight line, follows the record boundary line between several properties, including the properties owned by Security and the Smiths, excepting the relevant two-acre parcel of land that is on the Smiths' side of the fence. The bench trial was limited to the factual issue of whether the…

2Cases cited18 opinions

  1. West Valley City v. Majestic Investment Co.Court of Appeals of Utah · 1991
  2. Holmes Development, LLC v. CookUtah Supreme Court · 2002
  3. Staker v. AinsworthUtah Supreme Court · 1990
  4. Ault v. HoldenUtah Supreme Court · 2002
  5. Brown v. MillinerUtah Supreme Court · 1951

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3Cited by2 opinions

  1. Martin v. LauderCourt of Appeals of Utah · 2010
  2. Anderson v. FautinCourt of Appeals of Utah · 2014

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