Vella

Plaintiffs and defendant in this quiet title action purchased their respective parcels of adjoining property in 1964. The chain of title to each parcel traces back to a common owner, R. F. Covert, who in 1914 conveyed to Paul Thede the parcel now owned by defendant. The parcel retained by Covert, which bounds the Thede parcel on three sides, has remained intact through various conveyances up to the time plaintiffs took title. After plaintiffs purchased the Covert parcel, they discovered that according to the description in the deed the fence line encroached 50 feet on one side of their property and 80 feet on another, comprising a total area of approximately two acres.

Vellas brought this quiet title action, claiming title up to the survey lines, and Ratio cross-complained, seeking to quiet title according to the fence lines, under the doctrine of agreed boundary.

The essential elements necessary to establish an agreed boundary are well settled: (1) an uncertainty as to the true position of the boundary, (2) an agreement to establish a common boundary line, (3) marking or building up to the agreed boundary, (4) occupation of the real property to such line, and (5)…