Treatment of Line Between Properties as Border Establishes Legal Boundary.

Owners of adjacent tracts, for decades, had treated an invisible line between their properties as the boundary.  A new owner of one of the adjacent tracts had a survey taken which showed that the line was six-feet onto their tract and that the swimming pool on the adjacent tract was partially on their side of the surveyed line.  An existing split-rail fence was on the line between the properties, but had not been there the statutorily required 10-years to establish a boundary by acquiescence (IA Code §650.14).  The new owner removed the fence and the plaintiffs (owners of the adjacent tract) sued to quiet title to establish the line as the boundary between the properties via acquiescence.  The trial court determined that the elements for boundary by acquiescence had been satisfied.  Testimony at trial revealed that the adjacent owners had always mowed up to the line and maintained their respective tracts up to the line.  That was sufficient evidence of a physical division between the tracts that had been recognized for at least 10 years.  Mapes v. U.S. Bank National Association, N.D., et al., No. 14-1770, 2015 Iowa App. LEXIS 993 (Iowa Ct. App. Oct. 28, 2015).    

CALT does not provide legal advice. Any information provided on this website is not intended to be a substitute for legal services from a competent professional. CALT's work is supported by fee-based seminars and generous private gifts. Any opinions, findings, conclusions or recommendations expressed in the material contained on this website do not necessarily reflect the views of Iowa State University.

RSS​ Facebook Twitter