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.

If the doctrine of title by acquiescence applies, one property owner loses title to some amount of land, and the other property owner gains it. Being “acquiescent” means to accept, agree, or consent. So the doctrine applies to situations where parties accept or agree that a fence not on the legal boundary line serves as the legal boundary line. This is much different than the doctrine of adverse possession, where land can be gained or lost without any agreement or consent.