What happens when your boundary line found using deeds, evidence, and hard work, conflicts with “evidence of possession” like fences, sidewalks, driveways, and garages? This is an age old question that fills textbooks on topics of laches, estoppel, and acquiescence. But let’s not get too far ahead of ourselves! Learn about the roles that fences play in surveying in the next installment of the PS Q&A series. And as always, please post questions and comments! War stores welcome.
The Question:
After graduating from University, your boss, a notorious fence-line surveyor, asks for your help. He has a client-property where the fence is near the boundary of the property. He wants to know if he is doing things “right”. What should you advise him about when fences mark property boundaries?
Answer Choices
A) Fences along simultaneously-created ad joinders are presumed to be the true and correct boundary.
B) According to the Federal Rule 803, the Ancient Documents rule allows evidence of old fences to serve as boundary evidence.
C) Fences cannot serve as boundary-makers because they are not accounted for in the priority of calls.
D) Fences that are referenced in the original survey may serve as artificial monuments.
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