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?
1 Answer from Attorneys
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.