Boundary By Acquiescence

61 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• VAN Meter v. Edward L. Kelsey and his wife
  91 So. 2d 327· Fla.· 1956-12-12 ·cited 108×
  P.W. Van Meter sued to quiet title to a strip of land between a fence he built in 1915 and the boundary established by a 1917 US survey of Section 17. The trial court found the fence had become the accepted boundary by acquiescence and barred Van Meter by laches, but the Florida
• Shaw v. Williams
  50 So.2d 125· Fla.· 1950-12-22 ·cited 53×
  The Florida Supreme Court reversed a lower court's decree establishing a boundary line based on a bamboo hedge. The court held that the evidence did not establish a boundary by acquiescence because there was no mutual dispute or agreement on the boundary line, and the planting of
• Holley v. MAY
  75 So. 2d 696· Fla.· 1954-11-12 ·cited 44×
  This case addresses whether defendants who conveyed property by deed could later challenge the conveyance based on mutual mistake of fact, and whether they established valid defenses of title by acquiescence or adverse possession. The Florida Supreme Court affirmed the trial cour
• United States v. Williams
  441 F.2d 637· 5th Cir.· 1971-04-05 ·cited 42×
  The court held that while the defendants were entitled to a jury trial on the legal issues of trespass and title, the evidence was insufficient to create a jury question, thus a directed verdict for the government was proper as to Williams. However, the court reversed and remande
• C.Y. Tyson v. Edwards
  433 So. 2d 549· Fla. 5th DCA· 1983-05-12 ·cited 30×
  This case establishes the fundamental principle that when a discrepancy exists between a surveyor's physical monuments and boundary lines placed on the ground and the written plat purporting to depict that survey, the ground monuments control. The court rejected appellants' argum
• McDONALD v. O'Steen
  429 So. 2d 407· Fla. 1st DCA· 1983-03-29 ·cited 22×
  The court held that the old fence line was the established boundary by acquiescence, and this boundary was not extinguished by a subsequent tax deed.
• Bailey v. Hagler
  575 So. 2d 679· Fla. 1st DCA· 1991-01-25 ·cited 18×
  This appeal involves a boundary line dispute between neighboring property owners where the trial court established the boundary between the Bailey and Hagler properties. The court affirmed the boundary determination based on evidence supporting both adverse possession by Bailey a
• Nettie McDONALD v. Ossie Howard Givens and Doris Linnell Givens
  509 So. 2d 992· Fla. 1st DCA· 1987-07-15 ·cited 18×
  The court held that the trial court erred in failing to find a boundary by acquiescence, reversing the judgment.
• Seddon v. Harpster
  438 So. 2d 165· Fla. 5th DCA· 1983-09-22 ·cited 14×
  The Florida Fifth District Court of Appeal holds that a claim for betterment compensation asserted in an answer to an ejectment complaint does not mature into a petition for betterment that can be adjudicated after final judgment. The court quashed a trial court's order consolida
• Sweeten v. United States Dep't OF Agric. Forest Serv.
  684 F.2d 679· 10th Cir.· 1982-07-27 ·cited 13×
• Von King v. Carden
  237 So. 2d 26· Fla. 1st DCA· 1970-06-18 ·cited 13×
  The Kings appealed an ejectment suit judgment denying them recovery of a western strip of land from Pittman. The trial court found that the Kings and Pittman had established the western boundary by acquiescence and agreement along an existing fence line rather than the true surve
• DuBOIS v. Amestoy
  652 So. 2d 919· Fla. 4th DCA· 1995-03-29 ·cited 12×
  In this ejectment action, the trial court granted summary judgment to the appellees based on the doctrine of boundary by acquiescence. The Fourth District Court of Appeal reversed, holding that because the undisputed facts were susceptible to varying reasonable inferences regardi
• Horizon S. Master Home Owners Ass'n, Inc. v. Walter B. West and wife
  591 So. 2d 665· Fla. 1st DCA· 1991-12-20 ·cited 12×
  Horizon South Master Home Owners Association and SUCO, Inc. appeal a permanent injunction preventing them from interfering with a fence on the plaintiffs' driveway. The court reverses, finding that the trial court granted summary judgment on a boundary by acquiescence claim witho
• Barnard Kilgore v. Leary
  131 Fla. 715· Fla.· 1938-03-08 ·cited 11×
  Kilgore appealed a permanent injunction preventing him from trespassing on a strip of disputed land between his property and Leary's property. The Florida Supreme Court reversed the lower court's decree, finding that Kilgore had established a claim to the disputed tract through a
• Shultz v. Johnson
  654 So. 2d 567· Fla. 1st DCA· 1995-03-14 ·cited 10×
  This case involves a dispute over a property boundary. The appellate court affirmed the trial court's decision to grant a directed verdict on boundary by agreement and to grant a new trial on adverse possession, but reversed the directed verdict on boundary by acquiescence, reman
• ST. Clair v. Smith
  445 So. 2d 1113· Fla. 2d DCA· 1984-02-29 ·cited 10×
  The St. Clairs appealed a summary judgment favoring the Smiths in a property boundary dispute. The trial court ruled the Smiths owned adjacent property through adverse possession, had an easement by prescription, and that a long-standing fence constituted the agreed boundary. The
• DeROCHE v. Winski
  409 So. 2d 41· Fla. 2d DCA· 1981-12-16 ·cited 10×
  DeRoche and Winski disputed ownership of a 15-foot driveway strip between their adjacent properties. The trial court found Winski acquired title by adverse possession, but the appellate court reversed that rationale while affirming the judgment on the alternative doctrine of boun
• Sembler Marine P'rs, Ltd. v. Robert J. Skidmore, Inc.
  842 So. 2d 1003· Fla. 4th DCA· 2003-04-16 ·cited 8×
  The trial court established a boundary between adjacent properties by acquiescence, using the 1983 Allen survey line rather than the technically more accurate 1990 Jackson survey. Sembler Marine Partners appealed, challenging whether sufficient evidence supported the finding of m
• Mark IX, Inc. v. Surette
  492 So. 2d 745· Fla. 1st DCA· 1986-07-31 ·cited 8×
  The court held that the evidence was sufficient to establish boundary by acquiescence, even if the parties were mistaken about the true boundary, as long as there was uncertainty and mutual acquiescence for the prescriptive period.
• Sanlando Springs Animal Hosp., Inc. v. Douglass
  455 So. 2d 596· Fla. 5th DCA· 1984-09-06 ·cited 8×
  The court held that a boundary by agreement can be established even without a formal dispute, as long as there was uncertainty about the true line and an agreement to treat a certain line as the boundary.
• Reil v. Myers
  222 So. 2d 42· Fla. 4th DCA· 1969-04-30 ·cited 8×
  In a boundary line dispute between neighboring property owners, the Florida appellate court affirmed the trial court's judgment that the boundary had been established by agreement rather than by survey's true line. The court held that once neighboring property owners agree upon a
• Sherrill v. McSHAN
  356 F.2d 607· 9th Cir.· 1966-02-04 ·cited 8×
  The court held that the district court correctly dismissed the action for lack of subject matter jurisdiction because the lands in question were located in California, not Arizona.
• McRae Land & Timber Co. v. Ziegler
  65 So. 2d 876· Fla.· 1953-06-23 ·cited 8×
  McRae Land & Timber Co. sought to establish Hays Creek's meandering as a boundary line between its property and adjacent land owned by Ziegler and others in Jackson County, Florida. The circuit court dismissed the complaint, and the Florida Supreme Court affirmed, holding that co
• Evans v. Forte
  510 So. 2d 327· Fla. 2d DCA· 1987-05-29 ·cited 6×
  The Evanses appealed a declaratory judgment establishing boundary lines for two disputed strips of land adjoining their property to Forte's property in Pasco County, Florida. The trial court adopted the Simmons survey over the earlier Hunt survey to establish Forte's correct nort
• Ferrin C. Campbell, Sr. v. Millicent Pate Noel and sole beneficiary under the will
  490 So. 2d 1014· Fla. 1st DCA· 1986-06-18 ·cited 6×
  The court held that adjacent landowners established a boundary by agreement, even without express agreement, through their conduct and occupation of the land up to a fence line. The trial court's judgment establishing this boundary was affirmed.
• Seddon v. Edmondson
  411 So. 2d 995· Fla. 5th DCA· 1982-03-31 ·cited 6×
  Sarah Jane Seddon appealed a trial court judgment dismissing her cross-claim against the Edmondsons based on boundary by agreement and acquiescence defenses. The appellate court reversed, finding that the trial court erroneously admitted a letter from the deceased William T. Sedd
• Peters v. Straley
  306 So. 2d 588· Fla. 2d DCA· 1975-01-29 ·cited 6×
  Peters appeals from summary judgment denying her claim to disputed land between her property and defendants' property. The court affirmed summary judgment on her adverse possession claim but reversed and remanded on her alternative theories of boundary by agreement and boundary b
• Watson v. Godwin
  259 So. 2d 746· Fla. 1st DCA· 1972-03-16 ·cited 6×
  The trial court did not err in setting aside the jury verdict and entering judgment for the appellee because the appellants' evidence was insufficient as a matter of law.
• Lubrano v. MacAuley
  125 So. 2d 911· Fla. 2d DCA· 1961-01-06 ·cited 6×
  This case involves a dispute over a thirty-foot strip of land, where the plaintiffs claimed record title and the defendants claimed adverse possession. The appellate court affirmed the trial court's decision, finding sufficient evidence to support both adverse possession and the
• Tarin v. Sniezek
  942 So. 2d 458· Fla. 4th DCA· 2006-11-29 ·cited 4×
  Armando Tarin appealed a summary judgment denying his motion for summary judgment on a boundary by acquiescence claim and granting the Sniezeks' cross-motion for summary judgment. The Fourth District affirmed, holding that Tarin could not establish boundary by acquiescence becaus
• Freddy Baker and Karen Baker v. Ilona Niess
  496 So. 2d 215· Fla. 1st DCA· 1986-10-21 ·cited 4×
  The Bakers appealed a judgment establishing a property boundary line between their land and Niess's property, and rejecting their defenses of adverse possession and boundary by acquiescence. The court affirmed, holding that the trial court properly excluded a prior survey and tha
• Revels v. Sico, Inc.
  468 So. 2d 481· Fla. 2d DCA· 1985-05-08 ·cited 4×
  The court held that the trial court did not err in finding that the plaintiff failed to prove adverse possession by clear and convincing evidence.
• Jesse G. Collier and wife v. Parker
  794 So. 2d 616· Fla. 1st DCA· 2001-03-14 ·cited 3×
  The court held that the trial court's determination of property boundaries and easement encroachment was supported by competent, substantial evidence and that arguments not raised below were waived.
• Forrest O. Hobbs v. Beavan Woodward et ux.
  203 So. 2d 659· Fla. 2d DCA· 1967-10-18 ·cited 3×
  The court held that the trial court correctly admitted the plaintiffs' survey, which was based on the original government survey, over the defendants' surveys that relied on an inaccurate plat. The court also affirmed the denial of summary judgment and the trial court's findings
• Jones v. Muldrow
  921 So. 2d 762· Fla. 1st DCA· 2006-02-22 ·cited 2×
  In this quiet title dispute, the trial court entered judgment for the appellees on both the quiet title claim and a counterclaim for unjust enrichment by establishing a boundary line based on acquiescence. The appellate court affirmed the rejection of the quiet title claim but re
• Friday Hudlow Limbert v. Nickerson
  770 So. 2d 223· Fla. 3d DCA· 2000-10-25 ·cited 2×
  This case involves a dispute over a property boundary and an easement between adjoining landowners. The appellate court reversed a summary judgment, finding that genuine issues of material fact existed regarding the elements of boundary by acquiescence and agreement, and the ease
• Ophelia M. Franklin v. Gibbs
  507 So. 2d 690· Fla. 1st DCA· 1987-05-14 ·cited 2×
  The court held that the appellees failed to establish title to the disputed strip of land by either adverse possession with color of title or by boundary by acquiescence.
• Pippin v. Parker
  427 So. 2d 1066· Fla. 1st DCA· 1983-03-09 ·cited 2×
• George H. Laurendine and his wife v. Howard Markham and his wife
  408 So. 2d 839· Fla. 1st DCA· 1982-01-21 ·cited 2×
• Fla. Ranchettes, Inc. v. Hull
  331 So. 2d 348· Fla. 1st DCA· 1976-04-14 ·cited 2×
  The court held that a fence line, established by a predecessor in title and relied upon by the plaintiff for significant construction, constituted a boundary by acquiescence, binding on subsequent purchasers.
• Chiandusse v. Grannis
  133 So. 3d 591· Fla. 2d DCA· 2014-02-26 ·cited 1×
  The appellate court dismissed the appeal for lack of jurisdiction because the order denying partial summary judgment for a permanent injunction is not an immediately appealable order under the relevant rule.
• T.T. Todd Co., Inc. v. Kent
  675 So. 2d 693· Fla. 1st DCA· 1996-06-25 ·cited 1×
  Florida appellate court reversed a boundary dispute judgment because the trial court applied equitable estoppel and boundary by acquiescence theories that were never pleaded by the defendants, who only raised adverse possession under color of title as their affirmative defense.
• Hutchins v. Strickland
  674 So. 2d 870· Fla. 1st DCA· 1996-05-29 ·cited 1×
  The Stricklands sued the Hutchinses for trespass after the Hutchinses removed a fence and erected a new one based on a survey. The trial court found a boundary by acquiescence existed, but the appellate court reversed, holding that the Stricklands failed to prove the location of
• McNulty Lofts Condo. Ass'n, Inc. v. WRH McNulty Garage, LLC
  385 So. 3d 183· Fla. 2d DCA· 2024-04-05
  McNulty Lofts Condominium Association appeals from a summary judgment order in favor of WRH McNulty Garage in an ejectment action involving a disputed boundary line on the sixth floor of a mixed-use building. The appellate court reversed, finding that internal inconsistencies in
• Petrano v. Hall
  M.D. Fla.· 2023-03-31
  The district court affirmed the bankruptcy court's order denying the debtors' motion for sanctions, finding no abuse of discretion.
• Trevett v. Walker
  89 So. 3d 998· Fla. 3d DCA· 2012-05-23
  The Trevetts sought ejectment to reclaim a strip of land encroached upon by a fence on adjacent property owned by Walker. The trial court denied the ejectment claim on grounds of laches, finding Walker established all four required elements because the Trevetts knew of the encroa
• Francis v. Stubbs
  26 So. 3d 50· Fla. 4th DCA· 2009-12-30
  A homeowner appealed the dismissal of her complaint to quiet title and an adverse summary judgment on the neighbors' counterclaim, both involving a disputed boundary line between adjacent properties. The court reversed both orders, holding that genuine issues of material fact exi
• Hearn Props., Inc. v. Cruce
  20 So. 3d 877· Fla. 1st DCA· 2009-08-26
  Hearn Properties appeals a judgment quieting title to a disputed strip of land in favor of the Cruce heirs based on boundary by acquiescence. The First District Court of Appeal, sitting en banc, reversed the judgment and receded from prior district court decisions that conflicted
• Sanders v. Thomas
  821 So. 2d 1214· Fla. 1st DCA· 2002-07-26
  Sanders and Thomas disputed ownership of a strip of land east of a dirt road. The trial court awarded title to Thomas based on reformation of deeds, adverse possession under color of title, boundary by agreement, and boundary by acquiescence. The appellate court reversed, finding
• Carroll v. Fordham
  781 So. 2d 1156· Fla. 1st DCA· 2001-03-22
  Carroll appealed from a judgment denying his boundary by acquiescence claim and ordering his ejectment from disputed property adjoining Fordham's land. The court reversed and remanded because the trial court failed to make adequate findings of fact and conclusions regarding wheth