What is an "agreed boundary"?

What is an "agreed boundary"?

Howard Gould (Neighbor Law Expert, Finestone & Richter) gives expert video advice on: What are "trespass" and "easement"?; Is trespassing a criminal act? and more...

In situations where we have boundary line disputes, there is a theory developed in the law, that's recognized here in California, called "agreed boundary." The concept is that two property owners who are uncertain about the boundary do have the right to get together, make an agreement as to what the actual boundary is and, if sufficient period of time passes, then that can be recognized as the actual boundary between the properties, even though perhaps a survey may have located the boundary line for the two owners. Basically if someone tries to use this in a legal proceeding, what you need to show is that there was uncertainty as to the true boundary line between the two properties, and the adjacent owners made some agreement as to where the boundary line would be. Then those two owners, or their successors, accepted and acquiesced in that agreed line for the perscripted period, which in California is only five years. If you can prove all of these elements then that boundary line can be accepted by a court as an agreed boundary line.