California doctrine of agreed boundary as defense in Quiet Title action requires an actual agreement be proven

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Boundary disputes are common in California real estate, in all cases- residential, commercial, and agricultural properties. Experienced Sacramento and Yolo real estate attorneys often see cases of adverse possession and prescriptive easement claims. Another theory that is occasionally used is the doctrine of boundary by agreement. In this scenario, when the parties are not sure of he location of the boundary, they agree on a location and live with it. Recently in San Luis Obispo County, the parties accepted a boundary location for over sixty years. But there never was an agreement to set it there, so the true boundary was the legal boundary set out in the deed.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© James J. Falcone, Law Office of James J. Falcone | Attorney Advertising

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