What are the elements required to establish title by agreed boundary?

California, United States of America


The following excerpt is from Humphrey v. Futter, 169 Cal.App.3d 333, 215 Cal.Rptr. 178 (Cal. App. 1985):

The elements required to establish title by agreed boundary are: (1) uncertainty as to the true boundary line; (2) an express or implied agreement between adjoining owners to accept a line as the boundary; and (3) acceptance and acquiescence in the line for a period equal to the statute of limitations or until action is taken in reliance on the agreement which would result in substantial loss if the boundary were altered. (French v. Brinkman

Page 182

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