Establishment of a boundary line by recognition and acquiescence involves the idea that the adjacent owner, with knowledge of the line so established and the possession so taken, assents thereto, or that circumstances exist from which assent may be reasonably inferred. Hausner v. Melia, 212 Neb. 764, 326 N.W.2d 31 (1982); Hakanson v. Manders, 158 Neb. 397, 63 N.W.2d 436 (1954). When no express agreement as to the location of the boundary line exists, adjoining landowners cannot question a line which they have, for a number of years, recognized as the correct line between their properties. 2 Tiffany, Real Property § 654 at 682-83 (3d ed. 1939). A conventional agreement is not necessary, but recognition and acquiescence must be mutual, and both parties must have knowledge of the existence of the line as a boundary. 11 C.J.S. Boundaries § 79 at 652 (1938). See also Romine v. West, 134 Neb. 274, 278 N.W. 490 (1938).
The owner of property does not acquiesce in ownership by his neighbor of any part of his property merely because in constructing a sidewalk near the edge of his property he does not extend it to his property line. Elsasser v. Szymanski, 163 Neb. 65, 77 N.W.2d 815 (1956).
Grantor planted a row of trees near the boundary line but never came into agreement with adjoining lot owner that the trees were the new boundary. No party can acquiesce in a line created by himself and bind the other party. Mutual assent must be involved. Hakanson v. Manders, 158 Neb. 392, 63 N.W.2d 436 (1954).
Grantors had an agreement to build a fence on a boundary line different from the boundary line found by the surveyor. The fence remained undisturbed from 1934-1956. Such a boundary becomes the controlling line when recognized and acquiesced in by the parties or their grantors for a period of ten consecutive years. McDermott v. Boman, 165 Neb. 429, 86 N.W.2d 62 (1957); Hakanson v. Manders, 158 Neb. 392, 63 N.W.2d 436 (1954); Kennedy v. Gottschalk, 138 Neb. 842, 295 N.W. 813 (1941); Clark v. Thornburg, 66 Neb. 717, 92 N.W. 1056 (1902); Romine v. West, 134 Neb. 274, 278 N.W. 490 (1938).