What is the legal basis for establishing a fence as a boundary between the owners and the owners?

California, United States of America


The following excerpt is from York v. Horn, 154 Cal.App.2d 209, 315 P.2d 912 (Cal. App. 1957):

The rule that courts may infer that there was such an agreement ensuing from uncertainty or a dispute, from the longstanding acceptance of the fence as a boundary between the land of owners, was reaffirmed in Hannah v. Pogue, 23 Cal.2d 849, 856, 147 P.2d 572.

Page 915

The courts of this state have also recognized such boundaries because the early surveys were most uncertain, and in later years the monuments and boundaries could not be found. Hannah v. Pogue, supra. In the instant case the survey was not made from the original government monuments. The surveyor testified that the survey was run from certain iron pipes or monuments at the south and north ends of the line; that the early government markers or monuments were gone and he did not know who installed the iron pipes that he used in making the survey. He also testified that errors occurred in original government surveys up to 200 feet in a mile.

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