Legal Question in Real Estate Law in Utah

Does a 75 year old fence alter a property line. My neighbor says all land up to the old fence is his. The recent survey shows the fence is 2.5 feet onto my property. Can my neighbor claim that 2.5 feet as his?

Asked on 5/21/13, 5:24 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Since the fence has been in place for so long it is likely a court could find that it is the boundary line by acquiescence. If the lot is a platted lot in a subdivision it is less likely and a court may make a different ruling. The history of the property will be crucial along with other evidence about the boundary.

Another question for you to consider is how important is the 2.5 feet? Taking a case to court is very expensive.....

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Answered on 5/21/13, 7:08 pm

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