Reiter v. McJunkin

Citations

• 173 Pa. 82
• 33 A. 1012
• 1896 Pa. LEXIS 662

Syllabus

<p>Statute of limitations — Adverse possession — Boundary fence.</p> <p>■ The maintenance of a line fenee between, owners of adjoining lands up to which each claims and occupies, is a concession by each owner of the open, adverse possession by the other of that which is on his side of such division fence, which, after twenty-one years will give title, though subsequent surveys may show that tlie fence was not exactly upon the survey line.</p> <p>In an action of ejectment to recover a narrow strip of land along a boundary line where there is evidence- that a division fence had been maintained by plaintiff and defendant for more than twenty-one years, it is error to restrict the jury merely to the question of the location of the original line between the lands as shown by the early surveys. The jury should be directed to inquire in the first' place whether the owners of the land on both sides of the fence line had not in effect agreed upon its location, built their division fence accordingly, and held and occupied respectively up to the fence as their common, boundary for more than twenty-one years before the bringing of the suit. If this fact is found for the defendant, he is entitled to a verdict regardless of the true location of the warrhnt line.</p>