The doctrine of acquiescence is a legal concept that may be utilized by a property owner to help determine the boundary line between two properties by looking at the past conduct of neighboring property owners to determine if a boundary line may be legally implied from the neighboring owners past agreements, actions, or inactions.
In simple terms, a boundary line is a legal line to a property that allows a property owner to determine what property belongs to them both physically and as stated on their deed documents. Boundary lines are also important in resolving disputes between neighbors when one neighbor believes the other is infringing on their property.
For example, if one property owner wants to remove a tree that they believe is on their land, but it actually is within the other neighbors boundary lines, and they want to keep the tree, then the other neighbor can object to the removal of the tree and assert their property rights to the land within their boundary line.
In general, there are four basic boundary lines that may be found on residential property lots:
- Land;
- Water;
- Air; and
- Subsurface or mineral rights.
The doctrine of acquiescence is important as it may even overrule the boundary line that is listed in the deeds of the property owners. This means that if the law of acquiescence applies, then one property owner may lose title to some amount of their land and the other property owner will gain title to the land that was lost. As a result, the boundary lines of the neighboring property owners may be rewritten.
The laws governing acquiescence can vary from state to state, especially regarding the specific elements that are required to prove boundary by acquiescence as well as the statutory period of time that is necessary. In some states, emphasis may be placed on the existence of an agreement between the property owners.
Other states, however, may focus more on the length of time that the boundary line was treated as a dividing line. These types of variations can have a significant impact on a boundary dispute, making it very important to consult with a real estate attorney who is familiar with the local laws. It is also important to be aware that state laws may differ on the survey requirements.
What Are the Elements of Boundary by Acquiescence?
Once again, if the law of acquiescence applies to a boundary dispute, then one neighbor may be entitled to additional property, while another neighboring property owner will lose property. However, before the law of acquiescence applies the owner that is seeking to gain property and change the boundary line stated in the land deeds will have to prove all of the legal elements required to change the boundary by acquiescence.
Although the exact legal elements required to prove boundary by acquiescence will differ from state to state, in general acquiescence to a boundary line may result in a change of ownership when one of the following occurs:
- Acquiescence for the Prescribed Statutory Period: Acquiescence for the prescribed statutory period may change the ownership of property when the neighboring property owners have been treating a particular boundary line as the dividing line between their properties for the statutory period outlined in their local property code.
- For example, if neighboring landowners erected a fence, and treated that fence line as the boundary line for 15 years, then that may be enough to meet the statutory period of acquiescence, even if their deeds or survey states otherwise;
- By Agreement: Once again the most common form of acquiescence is by demonstrating that the neighboring property owners have agreed on a boundary line, even if the agreement is different from what is stated in their deeds; and/or
- Acquiescence from a Deed: The doctrine of acquiescence may also apply if a property owner grants their property or intends to grant their property by deed to another person, and uses an incorrect legal description in their deed. The incorrect boundary line may then be argued as justification for adjusting the boundary line to the stated location in the deed.
Additional Considerations
It is important to note that the statutory time period that is required for acquiescence will vary depending on the jurisdiction. This time period is the length of time that the neighboring property owners have to treat a boundary line as a dividing line between the properties in order for acquiescence to apply.
The specific time duration will be outlined in local property codes and may differ significantly by location. Because of this, it is essential to consult with a real estate attorney to determine the applicable statutory time period in a certain location.
There may also be costs related to resolving boundary disputes through acquiescence that can vary widely depending on how complicated the case is. Possible expenses may include survey fees to figure out the actual boundary lines, attorney’s fees for the legal representation, as well as court costs when a lawsuit is necessary.
The exact costs of a claim will depend on factors including the duration of the legal proceedings, whether expert witnesses are required, and the hourly rate of legal representation. It can be helpful to discuss any potential costs with a real estate attorney during the consultation.
Some of the costs associated with an acquiescence claim may be related to gathering supporting evidence and documents, such as surveys, deeds, photographs, and agreements between property owners regarding the boundary line. Witness testimony from a previous owner or neighbor can also help establish a history of acquiescence.
The specific types of evidence that will be needed will depend on the facts of the case as well as the requirements for acquiescence cases in the jurisdiction. It can be helpful to consult with a real estate lawyer to determine what specific evidence will be necessary.
When Does the Law of Acquiescence Apply?
Typically, legal issues surrounding boundary disputes by acquiescence will occur when a purchaser buys land, conducts a survey in accordance with the deed, and realizes that the legal title and boundaries of a property are different than the boundaries stated within the deed. Then that new purchaser of the land will typically raise the issue with the neighbor, and in many cases initiate a civil lawsuit if they cannot reach an agreement with the neighbor that resolves the issues.
The civil lawsuit process would require the owner of the property who is seeking the boundary adjustment to prove the elements of acquiescence in their jurisdiction. The court will review the evidence presented and make a determination as to whether the boundary line should be adjusted based on the principles of acquiescence.
Once again, in order for the law of acquiescence to apply, the property owner seeking to adjust the boundary line must prove the elements of acquiescence law in their jurisdiction. The general elements for acquiescence law are outlined above. The law of acquiescence is typically raised when adjoining property owners are both mistaken about where the boundary lines between their property are.
Whether or not an individual can claim a boundary adjustment based on acquiescence will generally depend on proving the elements of acquiescence in their jurisdiction. These typically include acquiescence for a prescribed statutory period, an agreement between the property owners, or acquiescence that stems from an intention to deed to a boundary line.
Because the specific requirements for acquiescence may vary by state, it is important to consult with a real estate lawyer. Proving the elements of acquiescence usually requires showing that neighboring property owners have treated a certain boundary line as the dividing line between their properties.
As discussed above, adjoining property owners may often treat a boundary line, such as a fence, as their property line. In many cases, a fence line may not match up with the survey or boundary lines that are outlined in the property deeds, which leads to the fence being erected incorrectly. If the law of acquiescence applies in that situation, then one property owner will typically lose all legal title to some amount of land.
As such, many people think of acquiescence law as being similar to the doctrine of adverse possession. However, in the case of acquiescence law there is no legal requirement that the actions of one neighbor be hostile. Hostile means that a person possessed the land of the neighboring property owner, without regard to the actual boundary line. Instead of the neighboring property owner’s claim to the land being hostile, in an acquiescence case it may be based on a mutual mistake between the two property owners.
In fact, a legal property claim in an acquiescence case cannot be hostile in nature. This is because if both neighbors believe that they are observing the true boundary line, they cannot claim that they are holding the property of another without regard to the actual boundary line. As such, the law of acquiescence only applies to cases in which neither neighbor intends to take property from the other, but they are mistaken as to the location of the actual boundary line.
Once again, the law of acquiescence may apply in one of three situations:
- Acquiescence by dispute and agreement;
- Acquiescence for a statutory period of time; and/or
- Acquiescence by intention to deed to a boundary line.
If one of the above situations applies, then the new boundary line may become enforceable through court action. This means that the actual boundary line stated in the deed may be changed in accordance with the court’s ruling on acquiescence law. In short, the neighboring property owner that unintentionally infringed onto the other property owner’s land will acquire the property that they infringed upon by operation of law.
This means that all of the property within the new boundary line will legally belong to that property owner moving forward. It is important for property owners to be aware that incorrectly asserting boundary lines based on acquiescence may have risks.
More Factors to Consider
The property owner can face legal challenges from their neighboring property owner, which can result in costly litigation. If they have an unsuccessful claim, an individual may be responsible for the other party’s legal fees.
In addition, an incorrect assertion of acquiescence may damage relationships between neighbors and result in a slander of title claim if the assertion was made maliciously and without justification. Because of these risks, it is important for a property owner to understand the laws in their jurisdiction and the facts of their case before they assert a boundary line based on acquiescence.
Although it may seem tempting to try and handle a boundary dispute without an attorney to save money, there may be significant risks and limitations. A boundary dispute often involves complicated legal issues and requires an understanding of local regulations and property law.
An attorney can provide guidance, assess the strength of the claim, and represent their client’s interests in negotiation and litigation. Legal representation is important when a dispute is complicated, involves significant property value, or when negotiations with a neighbor have failed.
Without a lawyer, an individual risks facing claims against them for incorrect acquiescence claims, as discussed above. An attorney can also help avoid costly mistakes and make sure that an individual’s rights are protected.
Do I Need a Lawyer for Help With Acquiescence to a Boundary Line?
As can be seen, it is often difficult to determine where a boundary line is between two pieces of property, unless a survey is conducted to determine if the boundary lines are correct in accordance with the deeds. As such, if you have any doubt as to the boundary lines of your property, you should consult an experienced real estate lawyer.
An experienced real estate lawyer will be able to help you understand your local jurisdictions laws regarding the law of acquiescence, and any statutory periods involving acquiescence. Additionally, an experienced real estate lawyer will also be able to assist you in avoiding losing title to land that is legally yours.
An attorney can also help you initiate a civil lawsuit against the neighboring property owner if you are unable to reach an agreement regarding the boundary lines of the properties. Finally, an attorney can also represent your interests in court, as needed.
