Q-2 L.L.C. v Hughes

Q-2 sought review of the Court of Appeals decision that title to certain property passed by operation of law when all elements of boundary by acquiescence are satisfied. The Court granted certiorari and affirmed. It held that precedent centrally and necessarily held that title passes when all elements of boundary by acquiescence are met not when a court declares title to be held by a certain party and the court reaffirmed that rule in its opinion. The Court also noted that this rule is consistent with how title passes in adverse possession claims, that Utah has a short term statute which requires payment of taxes and thus boundary by acquiescence is the primary method of resolving boundary disputes and it makes no sense to have different rules on when title passes under the two theories. The Court finally rejected Q-2 and amicus policy arguments holding the rule passing title by operation of law, while raising concerns about off record transfers, operates to encourage negotiated settlements of disputes instead of litigation and avoids rewarding a prescriptive party that sleeps on its rights who happens to file first.