Defined term
Boundary by acquiescence
Boundary by acquiescence is an Alabama doctrine that fixes the boundary between two parcels at a long-recognized line — typically a fence — even when the deed describes a different line.
Boundary by acquiescence is recognized in Alabama (the doctrine is less developed in Florida). When adjoining owners treat a particular line — usually a fence — as the boundary for at least 10 years and both acquiesce in it, the line becomes the legal boundary regardless of what the deed says.
The doctrine requires: (1) a marked line, (2) mutual acquiescence by both owners, and (3) the statutory period. It is most often invoked in old fence-line disputes where the survey reveals the fence is on the wrong line by a few feet.
Worked exampleTwo Spanish Fort owners have shared a fence as the recognized boundary since 1990. A 2026 survey shows the fence is 4 feet onto Owner A's land. Owner B can argue boundary by acquiescence — 36 years of mutual treatment fixes the line at the fence.