Anderson v. Fautin

Chief Justice Durrant,

opinion of the Court:

Introduction

{ 1 This case raises a single legal question: does the occupation element in our boundary by acquiescence doctrine require a claimant to prove that both owners of adjoining land cecupied their respective parcels up to a visible line? Terral E. Anderson, the petitioner, owns a vacant parcel adjoining respondent Janet Fautin's parcel, Mr. Anderson failed to visit or inspect his property for a twenty-six year period. During that time, Ms. Fautin occupied her parcel up to a fence dividing the properties. A subsequent survey showed that the…