What Florida Property Owners Must Know About the Powerful Doctrine of Boundary by Acquiescence

Property boundary disputes can be contentious and complex, often involving competing legal descriptions, unclear surveys, or conflicting claims. In Florida, the doctrine of boundary by acquiescence provides a mechanism to resolve such disputes when property owners have informally recognized a boundary over time. The 2006 case of Hearn Properties, Inc. v. Cruce, 899 So. 2d 1155 (Fla. 5th DCA 2005), illustrates the application of this doctrine.

What is Boundary by Acquiescence?

Boundary by acquiescence is a legal doctrine that establishes a property boundary based on long-term recognition and acceptance by neighboring property owners. In Florida, the doctrine applies when the following three are present:

1. Uncertainty or Dispute: There was an initial uncertainty or disagreement about the true boundary.

2. Recognition Over Time: The adjoining property owners recognized and treated a specific line as the boundary for at least **seven years** (consistent with Florida’s statute of limitations for adverse possession).

3. Physical Indicators: A clear and definitive boundary, such as a fence, tree line, or natural landmark, existed and was accepted as the boundary.

The doctrine prioritizes equity and the behavior of the parties over the strict technicalities of legal descriptions.

The decision in Hearn Properties v. Cruce:

In Hearn Properties, Inc. v. Cruce, the Fifth District Court of Appeal in Florida examined the application of boundary by acquiescence in a dispute over land. The central issue was whether a fence that separated the properties for decades should be recognized as the legal boundary, despite discrepancies with the legal property descriptions.

In Hearn, the parties owned adjoining parcels of rural property, a fence had existed between the properties for more than 30 years, and both parties treated it as the boundary. The legal descriptions in the deeds did not align with the location of the fence. Hearn Properties, the new owner, contested the boundary, arguing the fence did not match the deeded boundary line.

The court upheld the doctrine of boundary by acquiescence, ruling in favor of Cruce. It found that the original property line was ambiguous, leading to reliance on the fence as the boundary. The court also held that both parties (and their predecessors) treated the fence as the boundary for well over seven years. Finally, the court ruled that the fence served as a visible, definitive boundary that both parties recognized and respected.

The court emphasized that long-term recognition of a boundary, coupled with the absence of any objection, is sufficient to establish boundary by acquiescence.

Legal and Practical Implications

The *Hearn Properties* case highlights several key principles regarding boundary by acquiescence in Florida:

1. Equity Over Technicalities: Courts may prioritize the actions and intentions of property owners over the technical legal descriptions in deeds. This is especially relevant in cases involving rural properties or older surveys prone to inaccuracies.

2. Seven-Year Rule: In Florida, long-term acquiescence of at least seven years is required for the doctrine to apply. This aligns with the state’s adverse possession laws.

3. Physical Indicators: A clear and definitive boundary, such as a long-standing fence, tree line, or natural feature, is critical for establishing boundary by acquiescence. Without visible indicators, the doctrine may not apply.

As illustrated in Hearn Properties, Inc. v. Cruce, the doctrine underscores the importance of long-standing behavior and mutual recognition in resolving boundary disputes. While legal descriptions in deeds are critical, the equitable principles embedded in this doctrine ensure that stability and fairness prevail in property ownership. By understanding and respecting this doctrine, Florida property owners can better navigate boundary issues and foster good neighborly relations.

If you have more questions or need legal help with this topic, contact one of our experienced real estate attorneys at 305-570-2208. You can also email our founding partner, Eduardo Maura, directly at eduardo@ayalalawpa.com.    

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[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].