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09AP1559 Northrop v. Opperman

By: WISCONSIN LAW JOURNAL STAFF//February 3, 2011//

09AP1559 Northrop v. Opperman

By: WISCONSIN LAW JOURNAL STAFF//February 3, 2011//

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Property
Acquiescence

Where a boundary line cannot be determined from the deeds and original monument or markers, a circuit court should establish the boundary line based on the best evidence available.
“Although the descriptions in the deeds are unambiguous on their face, the  real estate described cannot be located on the ground because, as the circuit  court explained, ‘the corner of Sections 4,[7] 5, 8, and 9 cannot be located.’  Thus it is not possible using the deed descriptions and nothing more to locate  on the ground the southwest one-fourth of the northwest one-fourth of Section 9  and the southeast quarter of the northeast quarter of Section 8.”

“The circuit court therefore looked to extrinsic evidence to determine the  boundary line and concluded that ‘the best evidence available are the lines of  occupation and possession’ and that the landowners and the County have used the  center line of Henn Road as the boundary line between the properties at issue  for ‘almost all of the twentieth century and up until the year 2005.’  Accordingly, the circuit court concluded that ‘[i]t is the judgment of this  court that a longstanding common usage and acquiescence to ownership and  possession to real estate has occurred in the area of the Henn Road in Ashland  County near the common sections of 4, 5, 8, and 9 [and] [t]he centerline of the  existing Henn Road is determined to be the boundary line between the property  owners in this case.’ For the reasons set forth, we agree with the circuit  court’s determination of the location of the boundary line at issue based on the  evidence in this case, not based on the legal doctrine of acquiescence.”

Affirmed.

09AP1559 Northrop v. Opperman

Abrahamson, C.J.

Attorneys: For Appellant: Zick, Vicki, Johnson Creek; For Respondent: Thrasher, Joe, Rice Lake

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