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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. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

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  3. It's a capital offense...one for you Latin scholars..

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  5. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

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