Property Ownership

A Mississippi neighbor's fence is built 2 feet inside the property line, on the neighbor's side. After 10+ years, the fence line has been treated as the boundary by both parties. Under 'acquiescence,' the fence line may:

ANever become the legal boundary without a court order
BBecome the recognized legal boundary if both parties acquiesced (agreed) to the fence as the boundary for the statutory period✓ Correct
CShift back to the true boundary automatically upon survey
DCreate only an easement, not a boundary shift

Explanation

The doctrine of acquiescence (also called boundary by acquiescence) can fix a boundary line at a location other than the surveyed legal boundary when both adjoining owners have recognized, used, and acquiesced to a boundary (such as a fence line) for a long period of time. Courts may recognize the acquiesced boundary as legally binding.

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