Madera School District v. Maggiorini

SCHOTTKY, J.

The Madera School District commenced an action to quiet its title to Lots 19 and 20 of Lankershim

[391]

Colony. Mrs. Marcella Maggiorini acquired Lot 21 of the Lankershim Tract in 1921. Her deed described the property by lot number, not by metes and bounds. She held title until 1953 when at the time of distribution of her estate Lot 21 was devised to respondent Walter Maggiorini. The school district in 1948, by purchase from a Mr. and Mrs. Gann, acquired Lots 19 and 20 which are adjacent to and lie west of Lot 21. They had acquired the property in 1946 from a Mrs. Baratta who had acquired title to the property in 1936. Mrs. Baratta had rented the property from 1924 to 1936.

After the property was acquired by the school district, it had the property surveyed. The surveyor testified that the survey established that a barbed wire fence which was erected as a barrier between the lots was within the east boundary of Lots 19 and 20. After discovering that an encroachment existed the school district brought suit to quiet title. Respondents defended the action on the ground that the fence which had been in existence for over 20 years indicated a boundary which had been established by agreement, and also claimed the property under the doctrine of adverse possession.

The trial court found that the fence indicated a boundary line which had been established between the property owned by the school district and respondent, and that the property was owned by the respondent. The court also found for respondent on the issue of adverse possession.

Judgment was entered that plaintiff take nothing by reason of its complaint and that defendant Walter Maggiorini have judgment upon his cross-complaint that the line of the fence be fixed as the boundary line between Lots 21 and 20.

Plaintiff, school district, has appealed from said judgment and attacks the finding of the court that there was an agreement and acquiescence as to the boundary which the fence indicated. The school district does not question the doctrine that a boundary may be established by acquiescence and agreement, but it claims that where the true line can be ascertained by reference to a recorded map there can be no doubt as to the true line and, therefore, the doctrine that a boundary may be determined by acquiescence may not be invoked. There is authority for the proposition that a boundary line is not unknown when descriptions in a deed are certain and the evidence is readily available from which the true boundary can be ascertained.