Anderson v. Fautin

Petitioner owns a vacant parcel adjoining respondent's parcel. Petitioner had failed to visit or inspect his property for a twenty-six year period and, during that time, respondent had occupied her parcel such that it encroached into petitioner's vacant parcel. Petitioner sought to quiet title as to the disputed stripe created by fence encroachment. Respondent claimed title under the doctrine of boundary by acquiescence. The court of appeals affirmed the district court's grant of summary judgment in favor of respondent. The court held that the occupation element in the court's boundary by acquiescence doctrine does not require a claimant to prove occupancy on both sides of a visible line. Instead, a claimant must show occupation up to a visible line on his or her property only. Because respondent occupied her property up to the fence for over twenty years, she satisfied the occupation element. Accordingly, the court affirmed the judgment. View "Anderson v. Fautin" on Justia Law