Joaquin v. Shiloh Orchards

Opinion

FRANSON, J,

Introduction

The fundamental question presented by this quiet title action is the extent of the trial court’s obligation to fix the location of an agreed boundary between contiguous owners of land where the monument fixing the line (a fence) has been removed without a survey or other marking to identify its precise location, As we shall explain, the trial court is required to fix the location of the agreed boundary according to the evidence presented at trial if it is reasonably possible to do so. Thus, in the present case the court erred in refusing to determine the location…