There are essentially 4 elements that must be proven in court to prove a case of boundary by acquiescence. One of the main issues in a boundary by acquiescence is a mutual recognition by adjoining land owners that a boundary between the properties has existed there for the 20 year period.
Oftentimes, we see a dispute as to the length of the time of a boundary (usually a fence). The “boundary” is usually
We need photographs from county records, arial photos usually work where you can see the fence. Photographs are always great evidence.
In Utah, you can get some photographs back as far as 1936 through some records. Google Earth allows you to go back and get previous images (if available) —
Here is the link to that: https://support.google.com/earth/answer/148094?hl=en
In Cottonwood Heights, if you are in a side lot, some of the side fences have been there for so long, the wood is old that that must be the line. This is not always the case.
If you can find the witnesses to the building of the fence. If a kid remembers building the fence and has pictures of the kids by the fence that are now adults, if you can track those kids down (that are now adults) — you can often times have them testify in the case as to the length of time the fence has been there.
Jeremy Eveland
17 North State Street
Lindon Utah 84042
(801) 613-1472