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Acquiescence, similar to the doctrines of estoppel and practical location, is an equitable doctrine that will fix the location of a common boundary in a location that may differ from the location where a surveyor would place the common boundary based on the rules of construction.
The four major types of boundary disputes are operational, allocational, locational, and definitional.
Mutual Acquiescence in the Line as a Boundary and by Adjoining Landowners. Under this element, two requirements need to be met. First, both parties need to recognize that there is a specific line; and second, both parties need to acknowledge the line as the boundary separating both properties.
A boundary agreement is an understanding between parties indicating where the boundary between two or more properties exists. The line agreed upon may or may not be the true or original boundary, and it does not have legal value until both parties sign a lot line agreement.
The Boundary by Acquiescence theory provides that a long-standing marker indicating where property owners understand a boundary to be located becomes the actual boundary, even if a survey places it elsewhere.
If you feel your neighbor is beginning to use your land, even if it's a small fence, action is the recommended route. This is called 'encroaching' and it's a sneaky form of trespassing. Under Utah's state law, property owners have the right to enforce their rights in courts or via private agreements.
To establish boundary by acquiescence, four elements must be met: 1) a person must occupy the land of a neighboring property owner 2) up to a visible line marked by fences, buildings, or other ?monuments? (i.e. a boundary line) 3) in such a manner that evidences that the two property owners acquiesced to that new ...