Legal Question in Real Estate Law in California

Re: Agreed Boundary Doctrine and Prescriptive Easments

How strong is the Agreed Boundary Doctrine today?

If you and a neighbor have been using a fence line as a demarkation between your lands, is it still possible to rely on A B D? What kinds of requirements are there? Same question re: Prescriptive Easments.

Can you please cite cases?


Asked on 9/03/99, 8:47 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Re: Agreed Boundary Doctrine and Prescriptive Easments

I haven't researched this lately, but recall that some cases

express doubt that the agreed boundary doctrine should apply

when an actual boundary is easy to find; in short, in cities where

parcels are (normally) clearly defined, it would not be appropriate.

However, a prescriptive easement (which is not an exclusive use) could still

arise by reason of the fence and the actual use made of the property by the parties

on their side of the fence for five years.

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Answered on 9/08/99, 8:45 pm


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