Newton v. Smith

Citations

• 40 Pa. Super. 615
• 1909 Pa. Super. LEXIS 649

Syllabus

<p>Land law — Consentable line — Adverse possession — Estoppel.</p> <p>A consentable line may be established by parole, which will, under certain circumstances, bind the parties to an assent thereto. In order, however, to make such a line binding, it is necessary that there should be first, a dispute; second, the establishment of a line settling the dispute; third, the consent of both parties to that line and the giving up of their respective claims which are inconsistent therewith. If the parties to such consentable line take possession to the line and hold such possession for twenty-one years, the title becomes complete by adverse possession. Where such a line has been clearly established and the parties on each side take possession or surrender possession already held up to that line it becomes binding under the application of the doctrine of estoppel.</p>