> > > > Bingo! That is true IF there is a conveyance. However, if the requirements of a boundary LOCATION doctrine have been met there I...
> Well, isn't the question what the duties of a mortgagor are and what the effect of a foreclosure is as far as contracts and conveyances entered i...
> Sure, of course he does. Otherwise, he spends a ton of money litigating the issue only to discover after a foreclosure that the judgment he got a...
> The trustee does. Arguably, by executing the deed of trust with a certain description of the land, the borrower is estopped from claiming that he...
As you know, the problem is that many surveyors/title officers/GIS techs/assessors, etc., think there are two (or more) lines; the "record line", the ...
One last time.From Downing v. Boehringer, 349 P.2d 306 (1960):When such an agreement is executed and actual possession is taken under it, the parties ...
I've read many from many different states, and I've never seen a court address the deed of trust. Gee, I wonder why??It is because apparently every c...
> A boundary line agreement that is litigated results in a binding decision on all parties. One that we reduce to writing in order to avoid court ...
Leon,Did the changes in 10-9a-103 that were proposed a few years ago, actually pass? I can't find the section where the definition of "parcel boundar...
> > The power and control over the boundary lines is SOLELY under the control of the landowners> > One item often overlooked in discussion...
> You might argue that any actions affecting a land boundary involving two differing members of the public falls under the current definition of su...
Please note that the rule saya "prima facia evidence". That is not the same as conclusive evidence. There is a difference.
:good: :good: :good: There is no one blinder than those that refuse to see.
LeonStill waiting on the district court decision.
LeonThe legislative problem you are having in Utah, I'm afraid is going to spread like statutory wildfire. IMHO, the "problem" has been created by su...
Dave,While I agree with much of what you have stated, there is one area that has not been considered. While the landowner has rights, such as be able...
It would depend on how the original road was acquired for public use, the subsequent area of use, and how the additional 1 rod is supposedly acquired....