Legal Question in Real Estate Law in Utah

My property lines are being questioned on the basis of a recent GPS-based survey by the County surveyor employed by the party who owns the property adjacent to mine. This party claims I am trespassing. I think that the original USGS survey pins which establish the sections are not compatible with the recent survey results, and would assure that I am NOT trespassing.

My question: Which survey is honored by law: the original USGS survey or the recent GPS-based survey?


Asked on 12/24/10, 1:01 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

GPS surveys almost always vary from older surveys. Most surveyors make adjustments at section corners so the surveys can accurate both with the new science and historic markers. To determine the "legal" boundaries you can rely on the historic surveys that have been historically recognized (such as based on fence lines or other visible markers.) Because each situation is so fact specific, you may call for a free consultation.

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Answered on 12/30/10, 8:59 pm


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