White v. Spreckels

Citations

• 75 Cal. 610
• 17 P. 715
• 1888 Cal. LEXIS 595

Syllabus

<p>Boundary—Establishment of by Agreement. —Where coterminous proprietors of land in good faith agree upon, fix, and establish a boundary line between their respective tracts, in which they acquiesce, and under which they occupy for a period equal to that fixed by the statute of limitations, the line as thus established is binding upon thorn, and those holding under them, or either of them.</p> <p>Id.—Effect of Agreement — How Operates on Title.—Such agreements are not within the statute of frauds, because they are not considered as extending to the title. They do not operate as conveyances so as to pass title from one to the other, but proceed upon the theory that the true line of separation is in dispute, and to some extent unknown, and in such case the agreement serves to fix the line to which the title of each extends.</p> <p>Id. — Location of Boundary. — What are boundaries is a matter of law; but where they are is a matter of fact.</p> <p>Id. — Erection of Division Fence. — A division fence erected by one of the coterminous proprietors in such a manner as to include part of the land of the other will not be considered as the established boundary line, unless the site of the fence was fixed and agreed upon by the respective owners of the adjoining lands as their boundary line.</p> <p>Id.—Finding.—The finding as to the situation of the boundary line in question, held, supported by the evidence.</p>