Post: adverse possession and estoppel

Posted by Vince on 10/06/07

I have an interesting adverse possession case and I'm
looking for opinions. Party A bought a house 3 years ago
with a fence that was on party B's land. One year later
party A took down the fence, leaving the 2 corner posts in
place. Both parties then hired a surveyor who found the
property line showing the fence had indeed encroached on
B's land. B then strung a line a line along the surveyors
line and planted shrubs on his side. Two years after B
planted the shrubs, A planted a tree in the now disputed
area. When B asked A to move the tree, A stated it was his
land by adverse possession. Three questions; 1. If A took
down the fence and allowed B access to his formerly fenced
in property, is A barred from asserting adverse possession?
2. Once B used the surveyor line to plant trees in the
disputed area, and A did not object for 2 years, is A
estopped from making an adverse possession claim? 3. Once
the parties hired a surveyor to find the border and A did
not dispute it for 2 years, did the parties acquiesce to
the suverors line?

This one is going to court and I'm curious what others
think. I represent B, who would have lost the land clearly
if A had tried to quiet title before the fence came down
and the surveyor came in.

Posts on this thread, including this one

adverse possession and estoppel, 10/06/07, by Vince.