Eastern Iowa Farmer Fall 2016

About
CALT:
n The Center for
Agricultural Law and
Taxation (CALT) at
Iowa State University
was created in
2006.
It provides timely,
critically objective
information to
producers,
professionals and
agribusinesses
concerning the
application of
important
developments in
agricultural law and
taxation (federal and
state legal opinions
of relevance, as well
as critical legislative
developments) and
is a primary source
of professional
educational training
in agricultural law
and taxation.
Contact CALT:
Iowa State
University
2321 N. Loop,
Suite 200
Ames, IA 50010
Phone:
(515) 294-5217
Fax: (515) 294-0700
www.calt.iastate.edu
SAVE THE
DATE:
A CALT tax seminar
is planned in
Maquoketa
Nov. 2-3, 2016
By Kristine A. Tidgren
Staff Attorney
Center for Agricultural Law & Taxation
Iowa State University
eastern Iowa farmer
Iowa farmland is a valuable asset that
must be protected. While owners may
think about conserving the soil or protecting
their natural resources, they may
not consider protecting their boundary lines.
Although most landowners are generally aware
that Iowa law contains adverse possession or
boundary by acquiescence provisions, they may
not understand the contours of these doctrines
or realize how often they are employed. Boundary
by acquiescence cases, in particular, arise
very frequently in the courts, and unsuspecting
landowners can be caught unaware, sometimes
losing a valuable asset in the process.
Iowa’s boundary by acquiescence doctrine
has been codified in Iowa Code § 650.14. It
states:
If it is found that the boundaries and corners
alleged to have been recognized and acquiesced
in for ten years have been so recognized
and acquiesced in, such recognized boundaries
and corners shall be permanently established.
This means that if adjoining landowners
have treated a fence or other boundary marker
as the boundary line of the properties for a
period of at least 10 years, that fence or other
boundary marker becomes the actual boundary
line. For example, if 12 years ago your
neighbor built a fence that encroaches 10 feet
onto your property and you have done nothing
about it, your neighbor may ask a court to
declare a new boundary by acquiescence. You
can show the judge a survey demonstrating the
encroachment, but at that point, it will not help
your case. If you and your neighbor have both
treated the fence as the property line for at least
10 years, the neighbor will likely prevail. The
judge will declare that fence line to be the new
property line.
Knowing your
boundaries
Understanding property line
laws important to protecting land
The doctrine of boundary by acquiescence
rests on a policy position that boundary disputes
and litigation are lessened where the law
regards long-time apparent boundary lines as
actual boundary lines. Judging by the number
of related cases that arise each year, it is not
clear whether that proposition is entirely true;
however, the law generally favors certainty,
where possible. And, the doctrine, at its core,
seeks to maintain the status quo.
It is important to note that a fence is not required
to establish a boundary by acquiescence.
Although the existence of a fence is the most
straightforward way to prove a new boundary
under the doctrine, courts will consider anything
that definitively marks the boundary line
in some manner.
This can include a hedge, trees, landscaping
material, or even “marked posts” through
which an invisible boundary line runs. The
important thing is that the line is “known,
definite, or certain.” Likewise, it doesn’t matter
whether both landowners actually believe that
the boundary marker is the property line. What
must be shown is that both landowners “acquiesced”
in the boundary line for a period of at
least 10 years. Acquiescence exists when both
parties acknowledge and treat the line as the
boundary.
Proof of a landowner’s inaction is sufficient
to constitute acquiescence. A court can infer
approval from the silence of a party who knows
that the boundary marker is incorrect, yet fails
to dispute it. This is truly a case where a landowner
must speak up.
Once the 10-year period has passed, a
landowner cannot “undo” his or her tacit approval.
The limitations period has run, and the
neighbor can ask a court to establish the new
boundary line. Nonetheless, the new boundary
is not effective absent court action. The
landowner seeking to prove the new boundary
line must ask a court to declare its existence.
page 108
fall 2016 | Eastern Iowa Farmer 39