Acquiescence Explained

D.B. Kosie and Associates, LLC would like to give special thanks to Gary R. Kent, PS for allowing the use of this information.

Acquiescence operates based on estoppel. More specifically, acquiescence in a longstanding line of occupation can alter the written title in one of two ways. (1) The acquiesced line  represents a prior, albeit undocumented, parole agreement between the parties. (2) Long-standing acquiescence in a line of possession is, by itself, enough to set the common boundary in that location “The doctrine of acquiescence is applied in  instances when adjoining land owners occupy their respective properties up to a certain line and mutually recognize and treat  that line as if it is the boundary that separates their properties.

Acquiescence rests on the practical reality that oftentimes, the true boundary line location is uncertain and neighbors may themselves establish boundaries. To apply this doctrine:
(1) adjoining landowners must treat a specific line as the boundary; and
(2) the line must be so treated for a period of years, usually the period required for adverse possession.

For the doctrine of acquiescence to apply, the parties must have agreed to a specific boundary line. The evidence does support the finding that neither party knew the actual location of the true property line. However, this does not preclude a finding that the parties agreed to a different line as the boundary.  Matus v. Merrill, 2014 Ohio 3181.