[DOWNLOAD] "June R. Goodman v. Olive Wilkinson" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: June R. Goodman v. Olive Wilkinson
- Author : Supreme Court Of Utah
- Release Date : January 07, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
OAKS, Justice: In this action by the record owner to quiet title to a strip of real property, the defendants, who were apparently in possession, claimed the property under the doctrine of boundary by acquiescence. The trial court rejected that defense and quieted title in the plaintiff, subject to an equitable obligation to reimburse defendants for the fair value of their improvements on the disputed property, unless they elected to remove them. Defendants bring this appeal. The disputed strip lies within the legal description of a piece of real property purchased by plaintiff, but outside a fence she rebuilt after acquiring the property. Defendants, adjoining property owners, have occupied the disputed strip without objection by plaintiff, building a small shed and planting and harvesting fruit trees there. Defendants conveyed their property to a third party by warranty deed in 1958, and then reacquired it, also by warranty deed, in 1959. The calls in these deeds did not include the disputed strip. In 1976, Orem City paid plaintiff for an easement, a portion of which lies across the property in dispute.