Using “acquiescence” to establish boundary lines
Disagreements between owners of neighboring properties often arise over boundary lines.
Boundary lines are usually established by getting a survey of the legal description contained in a deed. And a survey could actually prove that the line—which the owners treated as the true line—is different from the one described in the deed. If that is the case, the doctrine of acquiescence may be the answer
Under Michigan law, a new boundary line can be established if the property owners treated a boundary line as the property line for 15 years.
The Court of Appeals Michigan recently held in Fowle v. Dushane that a new survey is not necessary to show the boundary lines of an easement, and reaffirmed its previous decision that the boundary lines of the driveway were established by acquiescence.
The driveway easement in that case was created by a 1989 consent judgment between the previous owners. And in 2013, repairs of an underlying culvert uncovered the discrepancy between the boundaries of the easement according to the judgment and the boundaries acquiesced to for more than 20 years. This discovery led to one property owner blocking the easement with railroad ties and hazard cones. The other owner sued. Ultimately, the trial court sided with the other owner and ordered the immediate removal of all impediments to the use of the driveway as it was used before 2013.
The Fowle decision reminds us that the doctrine of acquiescence applies in equal force to the boundaries of a right-of-way (or easement) and that, sometimes, you can establish a new line based on historic use and treatment.
This blog is for informational purposes only. It is not intended as legal advice.
About Us
Dalton & Tomich, PLC is the national leader in successfully helping churches, other religious institutions and their insurers defend their rights in land use and zoning matters under RLUIPA, the Religious Land Use and Institutionalized Persons Act. We have helped clients win cases against municipalities and other local government bodies from coast to coast, with experience serving both as general counsel and special litigation counsel.
Harry HoffSenior Pastor, Hope Rising Community Church, Verona, PA
In 2015, Hope Rising Community Church experienced extreme opposition, the kind that would force it to close its doors and leave behind the families and youth it was so passionate about reaching. As the lead pastor I felt helpless, inferior and as if I had no […]
Read MoreKen KalbachElder, Sovereign Grace Baptist Church, Lenox, GA
Dalton & Tomich’s assistance in our RLUIPA matter has paved the way for our church to continue serving the community and for new churches in the area to thrive in the future. Thank you from the bottom of our hearts for your stand for religious […]
Read MoreRev. Thomas OuweleenLead Pastor, The Urban Church, Warren, MI
The Urban Church will be forever grateful to Dalton & Tomich plc for navigating it through a difficult land use issue. Let them give you honest and caring advice because that’s exactly what they’ll do.
Read MoreKimberly KebleSenior Claims Adjuster, Brotherhood Mutual Insurance
Dalton & Tomich, PLC defended a complicated case at a church we insure. Not only is the firm professional, they understand how church business runs and work well within church leadership.
Read MoreRev. Demetrius BookerSenior Pastor, Lighthouse Community Church of God, Redford, MI
Dalton & Tomich, PLC helped us immensely in the areas of litigation and negotiation! Their professionalism and understanding of church policy helped our church be victorious in a modern day religious land use battle. RLUIPA Religious Land Use Case: Lighthouse Community Church of God
Read MoreMitchell CorderAdministrative Bishop Church of God, Tennessee
Dalton & Tomich, PLC serves as General Counsel for the 144 churches within the Church of God in Michigan. The firm provides the legal expertise we need in dealing with the issues that arise during the course of fulfilling our ministry.
Read MoreTim RhodusLead Pastor, Cross Church Carlinville & Staunton, IL
I met Dan Dalton during a dark time for our church. He was recommended as the leading RLUIPA attorney in the nation. He demonstrated wisdom, expertise, a gentle nature, a calming inter-relational skill, genuineness, and a humble demeanor, while at the same time, being sharp, […]
Read MoreRonnie HolmesSenior Pastor, Church of the Open Door, Waco, TX
Mr. Dalton’s expertise and experience helped us through a very difficult legal journey, ultimately achieving a favorable outcome. His personal interest in helping our church went “above and beyond” just the call of duty. His understanding of both legal and spiritual matters seems to uniquely […]
Read More