When investing in real estate, it is important to perform due diligence to make sure that the property is free from disputes that could complicate things down the line. Boundary disputes are among the most common real estate issues investors have to deal with.
Adverse possession and the doctrine of acquiescence are among the key legal concepts that can affect property boundaries and ownership rights.
Differences between adverse possession and doctrine of acquiescence
Adverse possession enables someone to gain title to another’s property through continuous, hostile and open possession without permission for a statutory period of 15 years. This doctrine rewards the use of abandoned or neglected property while penalizing owners who fail to protect their property rights. For example, if someone builds a fence that encroaches on their neighbor’s land and uses that portion exclusively for the statutory period, they may gain legal ownership of that section through adverse possession.
The doctrine of acquiescence functions more like a mutual understanding between neighboring property owners. It applies when there’s uncertainty about the true boundary line, and both parties implicitly agree to treat a certain line as the boundary for an extended period. Unlike adverse possession, acquiescence doesn’t require hostile occupation – it’s based on the peaceful acceptance of a boundary line through the parties’ conduct, such as when neighbors jointly maintain a fence line for many years, even if it doesn’t match the legal property description.
For investors, understanding these concepts is essential as they can largely affect property rights and development potential. A property with seemingly clear boundaries on paper might be subject to claims based on either doctrine. Thorough due diligence should include reviewing property descriptions and surveys, examining historical use patterns and discussing any informal boundary arrangements with neighboring property owners.
If you are considering a real estate investment, seek qualified legal guidance to help review potential boundary issues before finalizing any purchase, as these matters can affect both property value and development opportunities.