Boundaries – Surveys

In action to establish boundary line, one need not present survey that qualifies as official record of survey. Matzke v. Hackbart, 224 Neb. 535, 399 N.W.2d 786 (1987). Neb.Rev.St. Secs. 34-301, 81-8,122.01.

While a boundary line may be fixed in accordance with a survey, see Layher v. Dove, 207 Neb. 736, 301 N.W.2d 90 (1981), when a different boundary is shown to have existed between the parties for the 10-year statutory period, it is that boundary line which is to be determined between the parties and no that of the original survey. Kraft v. Mettenbrink, 5 Neb.App. 344, 559 N.W.2d 503 (1997). See Converse v. Kenyon, 178 Neb. 151, 132 N.W.2d 334 (1965).

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