Boundaries – Acquiescence

Where a corner supposed to have been established by the government in the surveys of public lands has been acquiesced in by adjoining owners of such land for nearly ten years, and improvements made and the land broken up to the line thus established, there is a presumption in favor of such corner being the true one, which can only by overcome by clear proof that it was not established by the government. [Citation omitted.] When a line so established is acquiesced in by the parties for a period equal to that fixed by the statute for gaining title by adverse possession, it is conclusive of the location of the boundary line. Hausner v. Melia, 212 Neb. 764, 326 N.W.2d 31 (1982); Clark v. Thornburg, 66 Neb. 717, 92 N.W. 1056 (1902).

In order to claim a boundary line by acquiescence, both parties must have knowledge of the existence of a line as the boundary. The mere establishing of a line by one party and the taking by him of possession up to that line is insufficient. Kraft v. Mettenbrink, 5 Neb.App. 344, 559 N.W.2d 503 (1997); Spilinek v. Spilinek, 215 Neb. 35, 337 N.W.2d 122 (1983).

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