17-27a-523.  Boundary line agreement.

(1)  If properly executed and acknowledged as required by law, an agreement between owners of adjoining property that designates the boundary line between the adjoining properties acts, upon recording in the office of the recorder of the county in which each property is located, as a quitclaim deed to convey all of each party’s right, title, interest, and estate in property outside the agreed boundary line that had been the subject of the boundary line agreement or dispute that led to the boundary line agreement.

Terms Used In Utah Code 17-27a-523

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Land use authority: means :
(a) a person, board, commission, agency, or body, including the local legislative body, designated by the local legislative body to act upon a land use application; or
(b) if the local legislative body has not designated a person, board, commission, agency, or body, the local legislative body. See Utah Code 17-27a-103
  • Lot: means a tract of land, regardless of any label, that is created by and shown on a subdivision plat that has been recorded in the office of the county recorder. See Utah Code 17-27a-103
  • Parcel: means any real property that is not a lot. See Utah Code 17-27a-103
  • Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 17-27a-603 or 57-8-13. See Utah Code 17-27a-103
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Public hearing: means a hearing at which members of the public are provided a reasonable opportunity to comment on the subject of the hearing. See Utah Code 17-27a-103
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
    • (2)  Adjoining property owners executing a boundary line agreement described in Subsection (1) shall:

    (a)  ensure that the agreement includes:

    (i)  a legal description of the agreed upon boundary line and of each parcel or lot after the boundary line is changed;

    (ii)  the name and signature of each grantor that is party to the agreement;

    (iii)  a sufficient acknowledgment for each grantor’s signature;

    (iv)  the address of each grantee for assessment purposes;

    (v)  a legal description of the parcel or lot each grantor owns before the boundary line is changed; and

    (vi)  the date of the agreement if the date is not included in the acknowledgment in a form substantially similar to a quitclaim deed as described in Section 57-1-13;

    (b)  if any of the property subject to the boundary line agreement is a lot, prepare an amended plat in accordance with Section 17-27a-608 before executing the boundary line agreement; and

    (c)  if none of the property subject to the boundary line agreement is a lot, ensure that the boundary line agreement includes a statement citing the file number of a record of a survey map in accordance with Section 17-23-17, unless the statement is exempted by the county.

    (3)  A boundary line agreement described in Subsection (1) that complies with Subsection (2) presumptively:

    (a)  has no detrimental effect on any easement on the property that is recorded before the day on which the agreement is executed unless the owner of the property benefitting from the easement specifically modifies the easement within the boundary line agreement or a separate recorded easement modification or relinquishment document; and

    (b)  relocates the parties’ common boundary line for an exchange of consideration.

    (4)  Notwithstanding 6, or a county’s ordinances or policies, a boundary line agreement that only affects parcels is not subject to:

    (a)  any public notice, public hearing, or preliminary platting requirement;

    (b)  the review of a land use authority; or

    (c)  an engineering review or approval of the county, except as provided in Subsection (5).

    (5) 

    (a)  If a parcel that is the subject of a boundary line agreement contains a dwelling unit, the county may require a review of the boundary line agreement if the county:

    (i)  adopts an ordinance that:

    (A)  requires review and approval for a boundary line agreement containing a dwelling unit; and

    (B)  includes specific criteria for approval; and

    (ii)  completes the review within 14 days after the day on which the property owner submits the boundary line agreement for review.

    (b) 

    (i)  If a county, upon a review under Subsection (5)(a), determines that the boundary line agreement is deficient or if the county requires additional information to approve the boundary line agreement, the county shall send, within the time period described in Subsection (5)(a)(ii), written notice to the property owner that:

    (A)  describes the specific deficiency or additional information that the county requires to approve the boundary line agreement; and

    (B)  states that the county shall approve the boundary line agreement upon the property owner’s correction of the deficiency or submission of the additional information described in Subsection (5)(b)(i)(A).

    (ii)  If a county, upon a review under Subsection (5)(a), approves the boundary line agreement, the county shall send written notice of the boundary line agreement’s approval to the property owner within the time period described in Subsection (5)(a)(ii).

    (c)  If a county fails to send a written notice under Subsection (5)(b) within the time period described in Subsection (5)(a)(ii), the property owner may record the boundary line agreement as if no review under this Subsection (5) was required.

    Amended by Chapter 385, 2021 General Session

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