Martin

This case arises from a boundary dispute. Defendants rely on the doctrine of boundary by agreement in defense of plaintiffs’ quiet title action. Missing from defendants’ case, among other things, is an essential element—an agreement. We affirm.

*87 FACTS

Plaintiffs Keith Martin, Tamara Martin and Adam Vali (collectively Martin) own a 240-acre parcel of land in Paso Robles. The property is improved with a residence and a vineyard. Martin acquired the property in 2005.

Alexandra Van Bergen and Layth Alsudiary (collectively Van Bergen) own a contiguous parcel consisting of a residence and an almond orchard. Alsudiary obtained title to the parcel in 1997. Van Bergen was added to the title in 2005.

The common boundary between the parcels is approximately 1,300 feet long. It runs along the eastern edge of the Martin’s parcel and the western edge of Van Bergen’s parcel. A fence runs over Martin’s parcel for at least part of the 1,300 feet parallel to the boundary. The area between the boundary and the fence is planted with almond trees. In other words, Van Bergen’s almond orchard encroaches onto Martin’s parcel.

Ruth Scovell testified she moved with her family onto Van…