Survey Errors in Utah Adverse Possession

Survey Errors in Utah Adverse Possession: How Mistakes on Paper Can Cost You Land

When Utah property owners think about adverse possession, they typically think about neighbors who intentionally encroach on their land. Someone builds a fence a few feet over the property line, plants trees on the wrong side of the boundary, or uses a driveway that crosses onto neighboring property. But in many cases, the root cause of the dispute is not intentional encroachment at all. It is a survey error.

Survey errors are surprisingly common in Utah real estate, and they can have profound consequences for adverse possession claims. A survey that places a boundary line in the wrong location can create a situation where one property owner unknowingly occupies land that belongs to someone else. If that occupation continues for seven years and meets all the requirements of adverse possession, the occupant may end up owning the land, even though the original owner did nothing wrong and the entire situation arose from a mistake on paper.

Understanding how survey errors interact with Utah’s adverse possession laws is essential for property owners, buyers, and real estate professionals throughout the state.

How Survey Errors Lead to Adverse Possession Claims

A property survey is a professional determination of where the legal boundaries of a property are located. Surveyors use historical records, physical markers, and modern measurement technology to establish boundary lines. But surveys are not infallible. Errors can occur for many reasons: outdated or incomplete records, misreading of legal descriptions, mistakes in field measurements, or reliance on inaccurate monuments or markers.

When a survey error causes a property owner to build improvements on a neighbor’s land, the stage is set for a potential adverse possession claim. Consider a typical scenario: A homeowner in Utah County hires a contractor to build a fence. The contractor relies on an old survey that incorrectly places the boundary line three feet onto the neighbor’s property. The homeowner builds the fence along what they believe is their property line. The neighbor notices the fence but does not object, perhaps because they also believe the fence is on the correct line, or because they do not want to cause conflict. Ten years later, the neighbor sells the property, and the new buyer discovers the error. By that time, the homeowner has been occupying the three-foot strip of land for more than seven years. If all other elements of adverse possession are met, the homeowner may have a valid claim to ownership of that strip.

The irony is that the homeowner never intended to take the neighbor’s land. They were simply following an erroneous survey. But under Utah law, intent is generally not relevant to the hostility requirement of adverse possession. Good faith is not a defense for the true owner, and a mistaken belief about the boundary line can still support an adverse possession claim.

Utah Law on Good Faith and Survey Errors

Utah’s adverse possession statute does not require the claimant to have acted in bad faith. In fact, Utah is a “color of title” state, meaning that a claimant who relies on a defective written instrument, such as an incorrect deed or a flawed survey, can still establish adverse possession. The key question is not whether the claimant intended to take someone else’s land, but whether the claimant’s possession met the elements of adverse possession: actual, open, notorious, exclusive, hostile, and continuous possession for seven years.

This aspect of Utah law makes survey errors particularly dangerous for property owners. A neighbor who builds a fence based on an erroneous survey is not acting maliciously, but they may still be able to claim ownership of the land on the other side of the fence after seven years. The true owner, who may have been unaware of the error, can lose valuable property rights without ever receiving notice or compensation.

However, there is an important nuance. In some Utah cases, courts have considered the nature of the mistake in evaluating the hostility element. If the survey error was obvious or if the claimant had reason to know that the survey was incorrect, a court might find that the possession was not sufficiently hostile. But the general rule is that a good-faith belief in ownership based on a defective survey can support an adverse possession claim.

The Importance of Accurate Surveys for Property Owners

Given the potential consequences of survey errors, Utah property owners should take proactive steps to ensure that their boundaries are accurately established and maintained. A professional survey is the foundation of any real estate transaction, and it is equally important for existing property owners who want to protect their land from adverse possession claims.

When purchasing property in Utah, always obtain a new survey rather than relying on an existing one. Surveys can become outdated as markers shift, records are updated, and neighboring properties are developed. A current survey provides the most accurate picture of what you are buying and where your boundaries are located.

If you already own property, consider having it surveyed if you have any reason to doubt the accuracy of existing boundary lines. Signs of potential survey errors include fences or improvements that do not align with visible markers, discrepancies between your deed description and what you believe you own, or disputes with neighbors about boundary lines.

If you are planning to build any improvements near a property line, such as a fence, shed, or landscaping, it is wise to have the boundary line staked by a professional surveyor before construction begins. The cost of a survey is minimal compared to the cost of litigation over an adverse possession claim.

Real Estate Disputes Arising from Survey Errors

Survey errors can lead to a wide range of real estate disputes beyond adverse possession claims. Inaccurate surveys can affect financing, title insurance, zoning compliance, and the ability to sell or develop property. When a survey error is discovered, multiple parties may be affected, and the legal issues can become complex.

Title insurance often provides coverage for survey errors, but the scope of coverage varies depending on the policy. Some policies exclude coverage for boundary disputes or for matters that would be revealed by a survey. Property owners should review their title insurance policies carefully and consider obtaining additional coverage if they are concerned about survey-related issues.

When a survey error leads to a dispute, the parties may need to litigate to resolve the boundary issue, determine whether adverse possession has occurred, and decide what remedies are appropriate. These cases can be emotionally charged and financially significant, particularly when valuable improvements are involved. Jeremy Eveland has extensive experience handling real estate disputes arising from survey errors and other boundary issues throughout Utah. Visit Jeremy Eveland’s real estate disputes page for more information on how he can help protect your property rights.

Preventing Adverse Possession Claims Through Proper Surveying

While no survey can guarantee that an adverse possession claim will never arise, accurate surveying is one of the most effective preventive measures available. A well-documented survey establishes the legal boundaries of your property and provides clear evidence of where your ownership begins and ends.

If a neighbor begins using a portion of your property, whether based on a survey error or any other reason, you should act promptly to protect your rights. In Utah, the seven-year adverse possession period begins when the neighbor’s use becomes open, notorious, and hostile. If you allow the use to continue for seven years without objecting or asserting your ownership, you may lose the right to reclaim that land.

Steps you can take to prevent adverse possession by a neighbor include:

Regularly inspect your boundaries. Walk your property lines at least once a year to look for signs of encroachment, such as new fences, landscaping, or structures. Early detection is the best defense.

Communicate with your neighbors. If you notice that a neighbor is using a portion of your property, discuss the situation with them. If you are willing to allow the use, provide written permission to ensure that the use remains permissive and does not ripen into adverse possession.

Post “No Trespassing” signs. Visible signs can help establish that any use of your property is without your permission, which reinforces the hostility element that the claimant must prove.

Maintain your property. Regular maintenance of your entire property, including boundary areas, demonstrates that you are exercising ownership and control.

Consider a boundary line agreement. If you and your neighbor disagree about the location of a boundary line, a written boundary line agreement can resolve the dispute and prevent future claims. Such agreements should be recorded with the county recorder’s office.

The Role of a Real Estate Attorney in Survey Error Cases

If you discover that a survey error has affected your property, whether you are the one who relied on the erroneous survey or the one whose property was encroached upon, consulting with a Utah real estate attorney is essential. The legal issues involved are complex, and the statute of limitations for bringing or defending against an adverse possession claim is strict.

An attorney can review your survey, title documents, and other evidence to determine your legal position and develop a strategy for protecting your interests. In some cases, the best approach is to negotiate a resolution with the neighbor, such as a boundary line adjustment or an easement agreement. In other cases, litigation may be necessary to resolve the dispute and establish clear ownership.

Do not assume that a survey error will work itself out over time. In the context of adverse possession, time is the enemy of the true owner. The longer an encroachment continues without objection, the stronger the encroaching party’s claim becomes. Acting promptly can mean the difference between preserving your property rights and losing them forever.