GOOD FENCES MAKE GOOD NEIGHBORS

The doctrine of title by acquiescence determines the legal boundary line between two properties and overrules the boundary listed in the deeds.

- John J. Schwarz II

Rarely does a farmer or landlord agree or consent to lose part of their land. However, that is exactly what can happen in cases where a fence between neighbors turns out to not be on the legal boundary line.

The expectation is that a fence between neighbors is erected on the legal boundary line between the two adjacent properties. However, landowners sometimes have a mistaken belief that the fence marks the legal boundary line between two properties when it does not. Other times, the adjacent landowners agree to treat an existing fence not on the legal boundary line as the legal boundary line. No matter the various circumstances, a fence that is believed to mark the legal boundary line but turns out to be not the case often leads to a dispute.

How does the law generally treat these instances where a boundary fence is not on the legal boundary line? Enter the doctrine of title by acquiescence, which determines the legal boundary line between two properties and overrules the boundary listed in the deeds.