Showing posts from September, 2019

The Doctrine of Title by Acquiescence: Losing Land by Agreement or Consent.

            Rarely does a person agree or consent to lose part of their land.   However, such can happen in cases where a fence between neighbors turns out to not be on the legal boundary line.      The norm is that a fence between neighbors is erected on the legal boundary line between the two adjacent properties.   However, sometimes landowners have a mistaken belief that the fence marks the legal boundary line between two properties when it actually does not.    Other times the adjacent landowners agree to treat an existing fence not on the legally boundary line as the legal boundary line.   No matter the various circumstances, a fence that is believed to mark the legal boundary line, and turns out to not be the case, usually leads to a dispute at some point.             How does the law generally treat these instances where an individual is acquiescent to a boundary fence not being on the legal boundary line?    Enter the Doctrine of Title by Acquiescence.    Essent