What Happens If You Agree to the Wrong Property Line in Utah?
Imagine your neighbor wants to build a fence between your properties, but neither of you knows the exact property line. Rather than pay for a survey, you both agree on a boundary, mark it with stakes, and your neighbor builds an expensive fence and landscaping. Later, a survey reveals the fence is actually five feet into your land. Now, your neighbor’s improvements are on your property, and you’ve lost five feet of land. Under Utah law, those five feet may legally belong to your neighbor because of the doctrine of boundary by agreement.
Understanding Boundary by Agreement
Boundary by agreement is a legal doctrine in Utah that can permanently change property lines between neighbors. Here’s how it works:
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Both neighbors must make a clear agreement about a boundary that is uncertain or disputed.
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The agreement must settle the dispute.
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One neighbor would be harmed if the agreed boundary isn’t honored (for example, after making expensive improvements).
If these elements are met, the new boundary can become legally enforceable—even if it doesn’t match the original survey or deed.
Practical Challenges
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The legal descriptions on file with the county do not automatically update after a boundary by agreement.
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To make the boundary official, both neighbors should sign and record a boundary line agreement.
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If one neighbor refuses, the other may need to go to court to have the new boundary recognized. Legal disputes can be costly, so it’s best to resolve these issues outside of court if possible1.
Example: How Boundary by Agreement Works
Suppose two neighbors own adjacent parcels totaling one acre. They agree to split the land evenly and mark the midpoint with posts. One neighbor builds a $100,000 stone wall and $75,000 in landscaping up to the agreed line. Later, a survey shows the legal property line is 15 feet farther over, meaning the improvements are actually on the other neighbor’s land.
Does the neighbor have to move the improvements? Probably not. Since the neighbors agreed on the boundary and one made significant investments based on that agreement, Utah’s boundary by agreement doctrine likely means the new line is legally binding—even if it differs from the deed.
Boundary by Agreement vs. Boundary by Acquiescence
Here’s how these two doctrines compare:
| Feature | Boundary by Agreement | Boundary by Acquiescence |
|---|---|---|
| How it happens | Neighbors make a clear, explicit agreement | Neighbors silently accept a boundary (like a fence) for 20+ years |
| Time required | Can happen quickly | Requires at least 20 years |
| Basis | Active agreement | Passive acceptance (no objection) |
| Example | Both agree and mark a new line | Fence stands unchallenged for decades |
Boundary by agreement requires explicit discussion and mutual consent, while boundary by acquiescence is based on long-term, unchallenged use.
Key Takeaways
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If you agree to a property line with your neighbor and one of you makes improvements based on that agreement, Utah law may make that new line permanent—even if it’s incorrect.
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Always consider getting a survey and recording any boundary agreements to avoid future legal issues.
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If you’re facing a property line dispute, consult an experienced attorney to understand your rights and options