No Boundary By Acquiescence

|
Erin Herbold

Here, adjacent landowners got into a battle over the proper location of a boundary line between their properties. In 2007, one of the landowners surveyed their property.  The survey revealed that the true boundary was ten feet west of the shrub/tree line that had been used as the boundary between the tracts.  The parties brought suit to quiet title to the parcel. The plaintiffs claimed that the shrub line was the proper boundary, under a theory of boundary by acquiescence – the adjacent owners had treated the shrub/tree line as the boundary for the necessary 10 year period.  However, both the trial court and the appellate court determined that there had never been any mutual agreement that the shrub/tree line be treated as the boundary.  Indeed, the defendants had never consented to the shrub line as the boundary, and testified that the true boundary had been demarcated by pins for quite some time.  The defendant also testified that allowing the plaintiffs to use the land was only a neighborly gesture and did not signify his consent to the shrub line boundary.  As a result, there was no boundary by acquiescence in the shrub/tree line.  Guthrie v. Jones, No. 9-928/09-0443, 2010 Iowa App. LEXIS 113 (Iowa Ct. App., Feb. 10, 2010).

The Center for Agricultural Law and Taxation 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. The Center'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.