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Doctrine of Practical Location Re: Boundary Line Dispute Explained

In a boundary-line dispute, the Second Department affirmed the dismissal of a counterclaim for a judgment declaring that a hedgerow and chain-link fence running parallel to the recorded boundary line was the legal line under the doctrine of practical location.  The Second Department explained the doctrine as follows:

Pursuant to the doctrine of practical location, “[a] practical location of a boundary line and an acquiescence therein for more than the statutory period is conclusive of the location of such boundary . . . although such line may not in fact be the true line according to the calls of the deeds of the adjoining owners”…. “[A]pplication of the doctrine requires a clear demarcation of a boundary line and proof that there is mutual acquiescence to the boundary by the parties such that it is definitely and equally known, understood and settled'”….  Jakubowicz v Solomon, 2013 NY Slip Op 04578, 2nd Dept, 6-19-13

 

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