17-79-807. Boundary establishment -- Process -- Boundary agreement not subject to review by land use authority -- Prohibitions.
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Effective 11/6/2025
17-79-807. Boundary establishment -- Process -- Boundary agreement not subject to review by land use authority -- Prohibitions.
(1)The owners of adjoining property may initiate a boundary establishment to:
(a)resolve an ambiguous, uncertain, or disputed boundary between the adjoining properties; and
(b)agree upon the location of the boundary between the adjoining properties.
(2)Adjoining property owners executing a boundary establishment described in Subsection
(1)shall:
(a)prepare an establishment document that complies with Section 57-1-45 ; and
(b)record the boundary establishment with the county recorder, in accordance with Section 57-1-45 .
(3)A boundary establishment:
(a)is not subject to review of a land use authority; and
(b)does not require consent or approval from a land use authority before it may be recorded.
(4)A boundary establishment is effective from the day it is recorded by the county recorder.
(5)A county may enforce county ordinances against property with a boundary establishment that violates a land use regulation.
(6)A boundary establishment that complies with this section presumptively:
(a)has no detrimental effect on any easement on the property that is recorded before the day on which the agreement is executed; and
(b)conveys the ownership of the adjoining parties to the established common boundary.
Renumbered and Amended by Chapter 14 , 2025 Special Session 1