Question

Clarence and Lillian Ellison and Clifford and Mary Grace Bearden are adjoining landowners with a dispute regarding the location of the boundary line between their properties. A fence built by the Beardens has separated the two parcels of property for more than 40 years. The Ellisons have raised gardens, cut timber, grazed cattle, and otherwise used the property on their side of the fence for more than 38 years. An error in the location of the fence was discovered, but the Ellisons claimed title to the land up to the fence through adverse possession. The Beardens’ son knocked down the southernmost portion of the fence, and the Ellisons filed suit. The trial court found that the Ellisons held title to the disputed boundary property and ordered a survey to have the deed reformed. Is this a correct outcome?

Answer 1

Yes, Fence was built by Bearden and Ellisons had raised gardens, cut timber, grazed cattle, and otherwise used the property on their side of the fence for more than 38 years. It means that there was an unwritten agreement between them.

If there is a dispute later on then, A decision to settle dispute by ordering a survey to have the deed reformed and declaring Ellisons held title to the disputed boundary property is a correct outcome.

Ellisons, as discussed earlier, had raised gardens or used a land. Hence, survey will clearly measure the land and will help in deciding exact boundary locations.