What is the test for establishing that a fence is a valid fence between two separate owners?

California, United States of America


The following excerpt is from Rose v. Silva, 11 Cal.Rptr. 492, 189 Cal.App.2d 760 (Cal. App. 1961):

'The court may infer that there was an agreement between the coterminous owners ensuing from uncertainty or a dispute, from the longstanding accpetance of a fence as a boundary between their lands. Hannah v. Pogue, supra, 23 Cal.2d 849, 856, 147 P.2d 572 and cases cited. * * *

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