When properties are bought and sold, and neighbors change over the years, boundary lines can become unclear. Consequently, boundary disputes are one of the most common legal issues between neighbors.
Neighbors can settle boundary disputes by mutually agreeing to specific lines that are clear to both parties. A surveyor may also be hired to measure their mutual properties and determine where boundary lines begin and end.
The doctrine of agreed boundaries states that if neighboring property owners agree on a proper boundary between themselves, that boundary will legally be in effect. Any agreed-upon changes for the location of boundary lines must be made in writing and submitted to the City Planning Office. Once the City accepts the changes, county records and property title will be adjusted to reflect the changes. Oral agreements cannot be legally enforced due to the potential for confusion and ambiguity.
California law permits two adjoining property owners to make their own boundary lines when the starting and end point of a property are undetermined. If there is no agreement regarding the boundary lines, neighbors can establish their own.
Examples of the Doctrine of Agreed Upon Boundaries
In the case, Bryant v. Blevins (1994) 9 Cal. 4th (“Bryant”), California’s Supreme Court had to settle a legal dispute of a property owner’s claim to a portion of land that was marked by a fence. The court had to determine whether the plaintiff had the right to the land they were claiming. The plaintiff claimed the property was his due to a previous owner’s agreement. The agreement however was not recorded, therefore the court sided with the defendant.
The court determined that there was no conclusive evidence regarding the doctrine of agreed boundaries. The court however went on to say that had there been an agreement the plaintiff would have the right to claim the disputed portion of land as their own.
We learn in the case Martin v. Van Bergen that a property owner cannot claim the doctrine of agreed upon boundaries as a valid defense when dealing with an action to quiet title. The case holds that all boundary changes must be in writing.
Case Law As It Pertains to Doctrine of Agreed Boundaries
Case Review: Armitage v. Decker (1990)
The case, Armitage v. Decker (1990) 218 Cal.App.3d 887., involved a legal dispute between neighbors regarding boundary lines.
A property owner (Armitage) had a property adjacent to a neighbor (Decker). The previous property owners had used erected fences to establish boundary lines between the properties. Decker believed that this method should continue. Armitage disagreed, however, saying he had not agreed to use the fences to establish the boundary lines. Armitage sued.
The Superior Court ruled in favor of Armitage, stating that Decker had failed to prove the doctrine of agreed boundaries.
