What is Boundry by acquiescence?

Answer 1

1. An act of concurrence by adjoining property owners which resolves a boundary dispute or establishes a common boundary, where the definite or more accurate position of same has not or cannot be defined by survey.

The above is the texbook definition, but is it only "boundry by acquiescence" after an Estoppel by Acquiescence has been filed with the court and the opposing land owner still does not object (ie., remains silent)? Can a "boundry of acquiescence" occur if both adjoining property owners have used the boundries the same because BOTH of their surveys they received at the closings of their respective properties showed NO encroachment(s)..but then 7 years later, one owner sells and a new owner comes in and has a new survey done and this new survey shows a definite encroachment (over a very useable part of the neighbors driveway) ? In essense, both of old owners never disputed a boundry line because they didn't know there was anything to dispute, but they had "established a common boundry" (as mentioned in the definition above).