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Can a Boundary by Acquiescence apply when a new property owner disputes a property boundary after the old adjoining property owners established common boundaries that matched their respective surveys?
Wiki User
∙ 16y ago
Possibly not, but there may be additional steps to prove prior agreement.
A boundary dispute usually only arises where the adjoining owners CANNOT find the common boundaries that match their respective surveys. Otherwise, there is no material dispute. Furthermore, some jurisdictions have strict requirements for settlement of such a dispute, such as setting out the dispute, referencing the deeds and other sources of boundaries, and setting forth the agreed boundaries, with reference to a new certified survey, and recording a jointly signed document in the registry of deeds.
Wiki User
∙ 16y ago
Boundary by acquiescence may apply if the new property owner demonstrates their intention to accept the boundary set by the previous adjoining property owners over a period of time. However, if the new owner disputes the boundary, they may need to provide evidence that contradicts the establishment of the common boundaries, such as inconsistencies in the surveys or lack of clear agreements between the parties. Ultimately, each case will depend on the specific circumstances and evidence presented.
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What is Boundry by acquiescence?
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).
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