Q-2 L.L.C. v. Hughes

Summary

The Utah Supreme Court held that title under the doctrine of boundary by acquiescence transfers by operation of law when the doctrine's elements are satisfied, rather than upon entry of a judicial decree. The court reaffirmed prior Utah precedent and concluded that a later quiet-title judgment determines when title vested but does not itself confer title.

Holdings

1. A party obtains title under Utah's doctrine of boundary by acquiescence by operation of law when the elements of the doctrine are satisfied, not when a court later enters a decree. Judicial adjudication determines the prior point at which title vested; it does not itself confer title.

Questions Presented

1. When does title transfer under Utah's doctrine of boundary by acquiescence—when the elements are satisfied by operation of law or when a trial court enters a judicial decree?
2. Whether the court should depart from Utah precedent and require judicial adjudication before title transfers under boundary by acquiescence.

Disposition

affirmed