Boundaries – Establish by Agreement and Acquiescence

Where a division line, supposed to be the true line established by the government survey, has been acquiesced by the parties interested for more than 10 years, it is conclusive of the location of the boundary; but whether such line was agreed upon or has been acquiesced in as the true division line is a question of fact to be submitted to the jury in a proper case. Clark v. Thornburg, 66 Neb. 717, 92 N.W. 1056 (1902). See also Neb. Rev. Statutes §23-1911.

The county surveyor established a boundary line to settle a dispute. Both parties participated and acquiesced in it for a considerable time. The boundary is thereby established and it will not be disturbed because a new survey made some years later shows a mistake in the establishment of such line. Benson v. Daly, 38 Neb. 155, 56 N.W. 788 (1893).

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