Hancock v. Nicoley

OPINION

BUSTAMANTE, Judge.

{1} Plaintiff Ila Beth Hancock appeals the district court’s order in which it applied the doctrine of acquiescence to conclude that the boundary between her property and Ray Nicoley’s property was marked by the fence line instead of the surveyed boundary because the parties had long treated the fence line as the boundary. In effect, the district court ordered the transfer of some of Hancock’s property to Nicoley. We reverse and remand for further proceedings.

BACKGROUND

{2} Plaintiff Ila Beth Hancock owned two parcels of land in Quay County. The two parcels lay to the…