2023 Utah Code › Title 10 - Utah Municipal Code › Chapter 9a - Municipal Land Use, Development, and Management Act › Part 5 - Land Use Regulations › Section 524 - Boundary line agreement.

Effective 5/5/2021
10-9a-524.
Boundary line agreement.
(1) If properly executed and acknowledged as required by law, an agreement between owners of adjoining property that designates the boundary line between the adjoining properties acts, upon recording in the office of the recorder of the county in which each property is located, as a quitclaim deed to convey all of each party's right, title, interest, and estate in property outside the agreed boundary line that had been the subject of the boundary line agreement or dispute that led to the boundary line agreement.
(2) Adjoining property owners executing a boundary line agreement described in Subsection (1) shall:
(a) ensure that the agreement includes:
(i) a legal description of the agreed upon boundary line and of each parcel or lot after the boundary line is changed;
(ii) the name and signature of each grantor that is party to the agreement;
(iii) a sufficient acknowledgment for each grantor's signature;
(iv) the address of each grantee for assessment purposes;
(v) a legal description of the parcel or lot each grantor owns before the boundary line is changed; and
(vi) the date of the agreement if the date is not included in the acknowledgment in a form substantially similar to a quitclaim deed as described in Section 57-1-13;
(b) if any of the property subject to the boundary line agreement is a lot, prepare an amended plat in accordance with Section 10-9a-608 before executing the boundary line agreement; and
(c) if none of the property subject to the boundary line agreement is a lot, ensure that the boundary line agreement includes a statement citing the file number of a record of a survey map in accordance with Section 17-23-17, unless the statement is exempted by the municipality.
(3) A boundary line agreement described in Subsection (1) that complies with Subsection (2) presumptively:
(a) has no detrimental effect on any easement on the property that is recorded before the day on which the agreement is executed unless the owner of the property benefitting from the easement specifically modifies the easement within the boundary line agreement or a separate recorded easement modification or relinquishment document; and
(b) relocates the parties' common boundary line for an exchange of consideration.
(4) Notwithstanding Part 6, Subdivisions, or a municipality's ordinances or policies, a boundary line agreement that only affects parcels is not subject to:
(a) any public notice, public hearing, or preliminary platting requirement;
(b) the review of a land use authority; or
(c) an engineering review or approval of the municipality, except as provided in Subsection (5).
(5)
(a) If a parcel that is the subject of a boundary line agreement contains a dwelling unit, the municipality may require a review of the boundary line agreement if the municipality:
(i) adopts an ordinance that:
(A) requires review and approval for a boundary line agreement containing a dwelling unit; and
(B) includes specific criteria for approval; and
(ii) completes the review within 14 days after the day on which the property owner submits the boundary line agreement for review.
(b)
(i) If a municipality, upon a review under Subsection (5)(a), determines that the boundary line agreement is deficient or if the municipality requires additional information to approve the boundary line agreement, the municipality shall send, within the time period described in Subsection (5)(a)(ii), written notice to the property owner that:
(A) describes the specific deficiency or additional information that the municipality requires to approve the boundary line agreement; and
(B) states that the municipality shall approve the boundary line agreement upon the property owner's correction of the deficiency or submission of the additional information described in Subsection (5)(b)(i)(A).
(ii) If a municipality, upon a review under Subsection (5)(a), approves the boundary line agreement, the municipality shall send written notice of the boundary line agreement's approval to the property owner within the time period described in Subsection (5)(a)(ii).
(c) If a municipality fails to send a written notice under Subsection (5)(b) within the time period described in Subsection (5)(a)(ii), the property owner may record the boundary line agreement as if no review under this Subsection (5) was required.
Amended by Chapter 385, 2021 General Session