Property — acquiescence

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Wisconsin Court of Appeals

Civil

Property — acquiescence

Frank Donaldson and Deborah Donaldson (collectively, Donaldson) appeal a judgment establishing the southern boundary line of their property at two iron posts, located approximately sixty feet north of the government lot line. Donaldson argues that, because the court found the actual location of the government lot line, his deed was rendered unambiguous and the southern boundary of his property extends to the government lot line. He contends the court erred by relying on evidence of common usage and acquiescence instead of his deed when determining his property boundary. Donaldson also asserts that, in any event, there was insufficient evidence of common usage and acquiescence because the land in dispute was undeveloped and unused.

We conclude the circuit court’s determination of the government lot line rendered the parties’ deeds unambiguous and, by deed, the property boundary is the government lot line. We also conclude that the circuit court erred by concluding David Smith and Cynthia Smith (collectively, Smith) had gained title to the disputed parcel based on evidence of common usage and acquiescence. We therefore reverse the circuit court’s judgment. This opinion will not be published.

2012AP1322 Smith v. Donaldson

Dist III, Sawyer County, Wright, J., Per Curiam

Attorneys: For Appellant: Thrasher, Joe, Rice Lake; For Respondent: Stoner, Clifford E., Hayward