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  1. #6
    Join Date
    Nov 2013
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    Default Re: Does a Survey Trump Adverse Possession with Land Around Shared Fence

    Quote Quoting latigo
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    Sure, you could rightfully erect a fence on ''the property line." So could your neighbor . But beforehand it would be nice to know precisely where that line is. And before you begin proceeding on the basis of the survey, you may want to consider a principle of real property law known as Boundary by Acquiescence or by Mutual or Tacit Consent!

    In other words, your neighbor's hole card that if properly played would decidedly out-rank and trash your over priced land survey!
    I would have included boundary by acquiescence if this OP was not in CA. In 2012, CA court of appeals decided a case that effectively struck down the doctrine unless there was an agreement between neighbors. California courts will not apply the agreed-boundary doctrine to resolve property boundary disputes when there is no evidence that neighboring property owners entered into an agreement to resolve a boundary dispute and the true boundary line can be determined from the legal description in an existing deed or by a survey.

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