What is the test for an adverse possession claim under the agreed boundary doctrine?

California, United States of America


The following excerpt is from Bryant v. Blevins, 36 Cal.Rptr.2d 86, 884 P.2d 1034, 9 Cal.4th 47 (Cal. 1994):

The court in Armitage v. Decker, supra, 218 Cal.App.3d 887, 267 Cal.Rptr. 399, like the case before us, involved coterminous landowners whose lots were separated by an old fence. In Armitage, the plaintiff's survey, based upon the legal description of the plaintiff's lot set forth in the deed, revealed that the placement of the fence reduced the size of the defendant's parcel by departing from the true boundary between the parties' properties. Claiming ownership of the disputed strip of land on an adverse possession theory, the plaintiff contended he was entitled to the land under the agreed-boundary doctrine.

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