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Neighbors entitled to 12-foot strip of land under doctrine by acquiescence

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In a dispute between longtime neighbors over use and ownership of a strip of land, the Indiana Court of Appeals affirmed summary judgment for one set of neighbors based on the doctrine of title by acquiescence.

In Clifford and Judith Ann Garrett v. Paul and Linda Spear, 23A01-1303-PL-96, Paul and Linda Spear filed a complaint against their neighbors, Clifford and Judith Ann Garrett, after the couple built a cattle fence along a surveyed boundary which runs to the south end of the Spears’ garage. The garage was built in 1996 on land they believed to be their property, but the 2010 survey showed it belonged to the Garretts. The Spears believed it to be their property based on discussions and actions of the previous homeowners, Georgia and Don Gillis. The Gillises erected a fence along what they believed to be the property line, which is what the Spears used when building their garage. The Garretts tore down that fence, but never looked into where the proper line was until the 2010 survey.

The trial court granted summary judgment in favor of the Spears, finding the ruling controlled by the doctrine of acquiescence. The court ordered the Spears to obtain and properly record a survey reflecting the boundary line that has been in existence since 1983 along the fence line by agreement between the Gillises’ and the Spears’ property. The Garretts were ordered to remove the fence installed along the boundary.

“As the Indiana Supreme Court held in Adams (v. Betz), ‘where owners of adjoining premises establish by agreement a boundary . . . and improve the same in accordance with such division, each party, in the absence of fraud, will thereafter be estopped from asserting that the line so agreed upon and established is not the true boundary line . . . ,’” Judge Elaine Brown wrote. “We find, based upon the designated evidence, that this is precisely what took place. Accordingly, we conclude that the court did not err in granting summary judgment to the Spears based upon the doctrine of title by acquiescence.”
 

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  1. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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