Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Property Law Boundary Adjustments topic
No spam. Unsubscribe anytime.
House passes bill restoring private options for boundary adjustments outside court (SB 104)
Summary
Second substitute Senate Bill 104 passed the House 70-0; it clarifies processes for boundary establishments and adjustments, allowing property owners to resolve boundary disputes privately under defined documentation and mediation steps and specifying when administrative reviews are required.
The Utah House on Feb. 27 passed second substitute Senate Bill 104 by a vote of 70-0. The bill revises the statutory process for resolving boundary disputes, restoring pathways for private boundary establishments and boundary adjustments outside of court under defined procedures.
Sponsor Representative Keller told colleagues the bill restores private property rights inadvertently limited by a 2021 law. The bill defines two processes: boundary establishment (to clarify unclear boundaries) and boundary adjustment (to change the legal description to match an agreed fence or landmark), and it sets documentation requirements, when administrative boundary review is required, and when the change may be recorded as a conveyance.
Representatives asked whether the bill protects vulnerable property owners in private negotiations and whether it affects prior Utah Supreme Court rulings that favor landmark-based boundaries in some contexts. Keller said the bill includes clear document requirements and mediation steps and does not change legal precedents; if parties cannot agree, they retain the option to pursue court resolution.
Representative Albrecht, who said he personally benefited from similar provisions, supported the bill. The House adopted the second substitute 70-0.
SB 104 outlines requirements for agreements, clarifies standards for recording boundary adjustments, encourages mediation, and retains existing court remedies if parties cannot agree.
