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Property Law Keyed to Kurtz
Haik v. Sandy City
Citation:
254 P.3d 171 (2011)Facts
In 1977, Sandy City entered into an Agreement of Sale with Harold Bentley and Saunders-Sweeney, Inc. for a water right. This agreement was recorded, but Sandy City’s deed to the water right was not recorded until 2004. Meanwhile, the property to which the water right was appurtenant was conveyed through several owners without reserving the water right. In 1999, Saunders-Sweeney separately conveyed “all of its right, title and interest” in the water right to Lynn Biddulph, who later filed an application with the Utah State Engineer for a permanent change of water. Sandy City expressed concerns but did not claim ownership. Ms. Biddulph then conveyed the water right through intermediaries to the Haik Parties in 2003, who recorded their deed. When the Haik Parties filed an application to change the diversion point in 2004, Sandy City investigated and found its unrecorded deed, which it promptly recorded. The Haik Parties then filed an action to quiet title.
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