Civil Engineering Reference
In-Depth Information
Acquiescence occurs when one of the abutters erects a fence or establishes
other physical evidence of a boundary and occupies up to that boundary.
The length of time required by acquiescence is generally long, often the same
period as the statute of limitations for adverse possession. A difference between
acquiescence and adverse possession, at least in some jurisdictions, is that in
acquiescence an agreement is implied between the abutters. In adverse posses-
sion an agreement would destroy hostility and defeat the claim. In acquiescence,
although there need be no agreement proved, the fact that one of the abutters did
nothing to change the line creates the presumption of an agreement. Silence of the
abutter is treated as acceptance of the boundary.
17.5 Estoppel
The term Estoppel means detrimental reliance. One who induces another to act
cannot thereafter claim harm from the acts when that party acted in reliance on the
first part's representations. For example, suppose an abutter knowing the location
of their common boundary, said to a neighbor “go ahead and build your shed right
here, it's your property.” The neighbor, who doesn't know where the property line
is, goes to considerable expense in building the shed. When it is finished, the abut-
ter informs the neighbor that the shed was built on his property and tries to prevent
the neighbor from using the shed, preferring to claim it as his own. The abutter
will be “estopped” from denying the neighbor the right to use the shed, because
the neighbor incurred the expense of building the shed on the abutter's land as a
result of the abutter's representations.
The term Estoppel means detrimental reliance. One who induces another to
act cannot thereafter claim harm from the acts when that party acted in reli-
ance on the first part's representations.
Here is another example. Suppose a neighbor approaches her abutter telling him
she wants to build a wall along their common boundary, and asks if the abutter
knows where the line is. The abutter responds, “My boundary line runs between
this post and that white oak tree over yonder”, pointing out the two objects to the
neighbor, “go ahead and build a wall between them.” If the neighbor builds the
wall just on the neighbor's side of the line, the abutter cannot thereafter claim the
wall is on his property. The abutter will be estopped from claiming the line is not
