Carter v. Fleener, 808 N.W.2d 756 (Iowa Ct. App. 2011)

(boundary dispute case involving triangle-shaped strip of land between adjoining properties; plaintiff's maintained disputed area for 33 years, but survey in 2008 showed that disputed area within defendant's property description by deed; absent fenceline, substantial evidence present via usage of disputed area that delineated boundary; evidence demonstrated that prior owners of defendant's property had knowledge of "assumed" boundary line and failed to dispute the matter for at least 10 years; trial court has discretion to decide matter without appointment of commission; plaintiff's claim for damages to trees caused by defendant's poisoning of them in 2004 or 2005 not barred by statute of limitations because defendant did not raise statute of limitations as defense at trial). 

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