acquiescence doctrine in Rhode Island

2014Under the doctrine of acquiescence, “adjoining landowners are ‘precluded from denying a boundary line recognized by both owners for a length of time equal to that prescribed by the statute of limitations barring a right of reentry.’ ” Acampora v. Pearson, 899 A.2d 459, 464 (R.I.2006) (quoting Locke, 610 A.2d at 556 ).

2010IV Discussion A Boundary Determination Under the doctrine of acquiescence, “even when there has been no ex *1009 press agreement, adjoining landowners are ‘precluded from denying a boundary line recognized by both owners for a length of time equal to that prescribed by the statute of limitations barring a right of reentry.’ ” Acampora v. Pearson, 899 A.2d 459, 464 (R.I.2006) (quoting Locke v. O’Brien, 610 A.2d 552, 556 (R.I.1992)); see also O’Donnell v. Penney, 17 R.I. 164, 167 , 20 A. 305, 306 (1890) (recognizing doctrine of acquiescence for the first time in Rhode Island).

2007The common law doctrine of acquiescence provides that "owners from adjoining estates are precluded from denying a boundary line recognized by both owners for a length of time equal to that prescribed by the statute of limitations barring a right of reentry." DeCosta v. DeCosta , 819 A.2d 1261 , 1264 (R.I. 2003).

2006Rule 801(c). 6 .We note that although it differed factually from the present case, we held in DeCosta v. DeCosta, 819 A.2d 1261, 1265 (R.I.2003), that a hedgerow, which was planted by the owners of adjoining parcels and was treated by both parties as the boundary line between the parcels, was sufficient evidence to trigger the doctrine of acquiescence. 7 .

2014“The party claiming ownership by acquiescence must show ‘that a boundary marker existed and that the parties recognized that boundary for a period * * * [of] *431 ten years.’” DeCosta v. DeCosta, 819 A.2d 1261, 1264 (R.I.2003) (quoting Pucino v. Uttley, 785 A.2d 183, 187 (R.I.2001)). “[T]he element of recognition may be inferred from the silence of one party (or that party’s predecessors in title), * * * as well as by affirmative acts.” Pucino, 785 A.2d at 187 .

2003The doctrine of acquiescence provides that “owners of adjoining estates are precluded from denying a boundary line recognized by both owners for a length of time equal to that prescribed by the statute of limitations barring a right of reentry.” Pucino v. Uttley, 785 A.2d 183, 187 (R.I.2001) (per curiam) (quoting Locke, 610 A.2d at 556 ).

2014Under the doctrine of acquiescence, “adjoining landowners are ‘precluded from denying a boundary line recognized by both owners for a length of time equal to that prescribed by the statute of limitations barring a right of reentry.’ ” Acampora v. Pearson, 899 A.2d 459, 464 (R.I.2006) (quoting Locke, 610 A.2d at 556 ).

2010IV Discussion A Boundary Determination Under the doctrine of acquiescence, “even when there has been no ex *1009 press agreement, adjoining landowners are ‘precluded from denying a boundary line recognized by both owners for a length of time equal to that prescribed by the statute of limitations barring a right of reentry.’ ” Acampora v. Pearson, 899 A.2d 459, 464 (R.I.2006) (quoting Locke v. O’Brien, 610 A.2d 552, 556 (R.I.1992)); see also O’Donnell v. Penney, 17 R.I. 164, 167 , 20 A. 305, 306 (1890) (recognizing doctrine of acquiescence for the first time in Rhode Island).

2011As our High Court recently held: This court first recognized the doctrine of acquiescence in O'Donnell v. Penney , 17 R.I. 164 , 20 A. 305 (1890).

2011As our High Court recently held: This court first recognized the doctrine of acquiescence in O'Donnell v. Penney , 17 R.I. 164 , 20 A. 305 (1890).

2003The defendants primarily rely on DelSesto v. Lewis, 754 A.2d 91 (R.I.2000) (per curiam), which recognized that a claimant may gain title to a defendant’s property by operation of the doctrine of acquiescence. “[The] party alleging acquiescence must show that a boundary marker existed and that the parties recognized that boundary for a period equal to that prescribed in the statute of limitations to bar a reentry, or ten years.” Id. at 95 (quoting Locke v. O’Brien, 610 A.2d 552, 556 (R.I.1992)).

2003The defendants primarily rely on DelSesto v. Lewis, 754 A.2d 91 (R.I.2000) (per curiam), which recognized that a claimant may gain title to a defendant’s property by operation of the doctrine of acquiescence. “[The] party alleging acquiescence must show that a boundary marker existed and that the parties recognized that boundary for a period equal to that prescribed in the statute of limitations to bar a reentry, or ten years.” Id. at 95 (quoting Locke v. O’Brien, 610 A.2d 552, 556 (R.I.1992)).

2006Cf. Chandler v. Hibberd, 165 Cal.App.2d 39 , 332 P.2d 133, 138 (1958) (“The evidence being undisputed does not support the finding of agreed boundary, for the simple reason that the fence was neither agreed upon nor intended as a boundary but was considered and understood as only a cattle barrier.”). 8 .

2006Cf. Chandler v. Hibberd, 165 Cal.App.2d 39 , 332 P.2d 133, 138 (1958) (“The evidence being undisputed does not support the finding of agreed boundary, for the simple reason that the fence was neither agreed upon nor intended as a boundary but was considered and understood as only a cattle barrier.”). 8 .