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Utah Adverse Possession Law
Q-2, LLC v. Wayne L. Hughes, Sr.

¶1 Wayne L. Hughes Sr. and Patricia L. Hampton-Hughes (the
Hugheses) challenge the trial court’s grant of partial summary
judgment to Q-2, LLC on the Hugheses’ claim of adverse
possession of a disputed parcel of land. We reverse and remand.
Q-2, LLC v. Hughes
2. On appeal from a bench trial, we recite the facts in a light most
favorable to the trial court’s findings.... More...
   $0 (01-24-2014 - UT)

Terral E. Anderson v. Janet Fautin

¶1 This boundary dispute case raises a single issue concerning the application of the doctrine of boundary by acquiescence: must the claimant show active use of the land on both sides of a disputed boundary to satisfy the occupation
1. The Honorable Russell W. Bench, Senior Judge, sat by special assignment as authorized by law. See generally Utah Code Jud. Admin. R. 11-201(6).
Anderson v.... More...
   $0 (06-26-2014 - UT)

John Nikols v. David Chesnoff

This appeal arises out of John Nikols’s efforts to assert a property interest in land owned by his son. Nikols claimed rights in the land after his son’s lawyer obtained a prejudgment attachment to the property for unpaid legal fees. Nikols challenges the district court’s dismissal of his quiet title and equitable lien claims to the property as barred by res judicata. The lawyer, David Chesn... More...   $0 (07-28-2011 - UT)

David Young v. Kevin Robson

In this legal malpractice case brought under Utah law pursuant to the district court’s diversity of citizenship jurisdiction, plaintiff David Young is appealing the memorandum decision and order entered by the district court granting summary judgment in favor of: (1) defendants Kevin Robson, Daniel Bertch, and Bertch & Robson, Inc. (the “Bertch Defendants”); and (2) defendants Gordon Duval, ... More...   $0 (07-08-2011 - UT)

Bob & Sherri Bahr v. Jim & Melodee Imus v.

¶1 Rob and Sherri Bahr and Ione Senn (the “Bahrs”) filed this suit to challenge the location of the boundary between their residential property and that of their neighbors, Jim and Melodee Imus.

The district court entered summary judgment in favor of the Imuses, concluding that the Bahrs were precluded from challenging the boundary established by a fence on the property under the doctr... More...
   $0 (04-01-2011 - UT)

Golden Meadows Properties, L.C. v. Michael Strand

¶1 Plaintiff Golden Meadows Properties, LC, brought an unlawful detainer action against Defendants Michael Strand and Cari Allen (collectively, Strand) to remove Strand from a residence in Bountiful, Utah (the Property). Strand responded with a counterclaim for quiet title, constructive trust, and adverse possession. The district court granted summary judgment to Golden Meadows.1

¶2 Str... More...
   $0 (09-23-2010 - UT)

Nan Elder, individually, and as personal representative of The Estate of Shelly Elder, and on behalf of Amy Elder, et al. v. Nephi City, by and through Mayor Chad Brough, City Councilmen Mike Jones, Darren Peterson, Richard Paxman, Brent Bowles, and Jim Wilkey, Union Pacific Railroad Company

1 Mr. Shelley Elder was killed on a Union Pacific Railroad railway track in Nephi City, Utah, when the dump truck he was driving was struck by a ninety-one-car freight train. Mr. Elder's widow, Mrs. Nan Elder, contends that her husband's death was caused by the negligence of the Railroad and Nephi. According to Mrs. Elder, her husband would not have lost his life had a line of trees locate... More...   $0 (06-12-2007 - UT)

Utah County, et al. v. Randy Butler, et al.

1 Defendants Randy Butler, Donna Butler, Blaine Evans, and Linda Evans appeal the trial court's conclusion that Bennie Creek Road (the Road) is a public highway under Utah Code section 72-5- 104(1) (the Dedication Statute). See Utah Code Ann. 72-5- 104(1) (2001). Utah County cross-appeals the trial court's decision to deny statutory damages caused by Defendants' refusal to remove a gate... More...   $0 (11-08-2006 - UT)

Nile Chapman, et al. v. Uintah County, et al.

Nile Chapman, Roger Chapman, and Gordon Harmston, as trustee for the Eugene Harmston Trust (collectively, Chapman), appeal a jury verdict, finding that a road adjacent to Chapman's property was a Uintah County public road. Chapman also appeals a grant of summary judgment to Commonwealth Land Title Insurance Company and Basin Land Title & Abstract, Inc. (collectively, Commonwealth). We affirm. <... More...   $0 (11-20-2003 - UT)

Robert W. Dunlap, et al. v. Stichting Mayflower Mountain Funds, et al.

1 This case comes before the court on appeal from a grant of summary judgment for Plaintiffs, Robert W. Dunlap, Kathy L. Dunlap, and United Park City Mines Company (collectively, the Dunlaps). Defendants, Stichting Mayflower Mountain Fonds and Mayflower Recreational Fonds (collectively, Mayflower), appeal the trial court's grant of summary judgment quieting title to a patented mining claim (th... More...   $0 (08-11-2003 - UT)

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