This form is a Judgment. The judgment provides that the plaintiffs/ counter defendants are entitled to a prescriptive easement for ingress and egress along an existing road. The judgment also provides that all relief requested by defendants in their counterclaim which was not specifically granted, other than those issues reserved for further hearing, are denied by the court.
Utah Judgment regarding Boundary Line Dispute
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Multi-State
Control #:
US-00748
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Word;
Rich Text
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FAQ
While the Land Registry offers a process for resolving disputes relating to boundaries, it is generally advisable to seek legal advice on the merits of your claim before doing so. Where your neighbour contests your claim, the case will be sent to the Tribunal to resolve or will potentially need to be issued at court.
To establish boundary by acquiescence, four elements must be met: 1) a person must occupy the land of a neighboring property owner 2) up to a visible line marked by fences, buildings, or other ?monuments? (i.e. a boundary line) 3) in such a manner that evidences that the two property owners acquiesced to that new ...
Utah law requires an individual to occupy property for at least seven years before the possibility of ownership changing hands. Adverse possession is legal doctrine that allows a person who possesses someone else's land for an extended period of time to claim legal title to that land.
If one person's property extends beyond his boundaries and encroaches on the adjoining land of another, this is an encroachment of land. It doesn't matter whether the encroachment is above or below the surface of the land. A Utah encroachment attorney can help you determine whether something is an encroachment.
First, both parties need to recognize that there is a specific line; and second, both parties need to acknowledge the line as the boundary separating both properties. To determine if the landowners meet the requirements, the court may look at the history and usage by the landowners.
The Boundary by Acquiescence theory provides that a long-standing marker indicating where property owners understand a boundary to be located becomes the actual boundary, even if a survey places it elsewhere.
What Constitutes Adverse Possession? There is a presumption that the person with legal title to a parcel has the right to possess and use the property. Another person may overcome that presumption and establish legal title by showing that the other person has possessed and used the property for at least seven years.
