Bryant v. Blevins

I dissent.

The majority concede that the agreed-boundary doctrine applies whether or not there is an available legal document—such as a deed or map—that purports to describe the location of the “true” boundary. (Maj. opn., ante, pp. 53-54.) However, they then in effect create two different standards of proof: if a legal description is available, the party asserting the agreed boundary must present direct evidence “that the prior owners were uncertain as to the location of the true boundary [and] that they agreed to fix their common boundary at the location of a fence.” (Maj. opn., ante, p.…