adverse or hostile claim in Utah

2019Instead, we attempted to create a standard that would help courts distinguish between quiet title actions and other actions for affirmative relief that were disguised as quiet title actions.108 ¶54 We explained that to determine whether an action was a genuine quiet title action, courts must examine the relief sought.109 If the party “merely requests that the court adjudicate the validity of an opponent’s adverse or hostile claim to property to which the party already holds title,” then the claim is truly a quiet title claim.110 But if a party cannot establish its quiet title claim without fir

2018In other words, a party asserts a true quiet title claim when "that party merely requests that the court adjudicate the validity of an opponent's adverse or hostile claim to property to which the party [either] already holds title," Hoopiiaina , 2006 UT 53 , ¶ 27, 144 P.3d 1129 , or is in "actual possession ... under a claim of ownership," Bangerter , 2009 UT 67 , ¶ 14, 225 P.3d 874 . 5 ¶14 Claims 1 and 2 cannot be characterized as true quiet title actions, because PPLR does not claim to hold title to the Landfill Area, nor is it in actual possession.

2018In other words, a party asserts a true quiet title claim when "that party merely requests that the court adjudicate the validity of an opponent's adverse or hostile claim to property to which the party [either] already holds title," Hoopiiaina , 2006 UT 53 , ¶ 27, 144 P.3d 1129 , or is in "actual possession ... under a claim of ownership," Bangerter , 2009 UT 67 , ¶ 14, 225 P.3d 874 . 5 ¶14 Claims 1 and 2 cannot be characterized as true quiet title actions, because PPLR does not claim to hold title to the Landfill Area, nor is it in actual possession.

2016Quiet Title T82 The Mitchells contend that the district court prematurely dismissed their sixth cause of action for quiet title In so arguing, they concede that the property was subject to the trust deed but assert that the district court "never examined, let alone determined, who, if anybody, actually has any valid, enforceable-claim against the Property based on the trust deed." 133 "A quiet title action 'is a suit brought to quiet an existing title against an adverse or hostile claim of another and the effect of a decree quieting title is not to vest title but rather is to perfect an existi

2016Quiet Title T82 The Mitchells contend that the district court prematurely dismissed their sixth cause of action for quiet title In so arguing, they concede that the property was subject to the trust deed but assert that the district court "never examined, let alone determined, who, if anybody, actually has any valid, enforceable-claim against the Property based on the trust deed." 133 "A quiet title action 'is a suit brought to quiet an existing title against an adverse or hostile claim of another and the effect of a decree quieting title is not to vest title but rather is to perfect an existi

2014However, the party's claim for quiet title relief can be granted only if the party succeeds on another claim, then the statute of limitations applicable to the other claim will also apply to the quiet title claim." Id. (alteration in original) (quoting In re Hoopitaina Trust, 2006 UT 58, ¶¶26-27 , 144 P.3d 1129 ).

2014However, the party's claim for quiet title relief can be granted only if the party succeeds on another claim, then the statute of limitations applicable to the other claim will also apply to the quiet title claim." Id. (alteration in original) (quoting In re Hoopitaina Trust, 2006 UT 58, ¶¶26-27 , 144 P.3d 1129 ).