The Appellate Group

B.G.T.S. v. Balls Brothers Farm

B.G.T.S. v. Balls Brothers Farm, 2024 UT App 37 (Luthy, J.)


Property Owner initiated a quiet title suit based on the doctrine of boundary by acquiescence. Neighbor filed a quiet title counterclaim. Both Property Owner and Neighbor filed cross-motions for summary judgment. The district court denied Property Owner’s motion and granted Neighbor’s motion. The Utah Court of Appeals affirmed, holding:

  • The district court incorrectly ruled that Neighbor’s predecessors’ silence did not constitute mutual acquiescence. That said, Property Owner failed to demonstrate that it had acquired its predecessor’s interest in the disputed parcel.

Read the full court opinion