HADIX v. SCHMELZER


186 A.D.2d 239 (1992)

Nolan R. Hadix et al., Respondents, v. George L. Schmelzer et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 28, 1992


Ordered that the judgment is affirmed, with costs.

The defendants contend that the boundary line between their property and that of the plaintiffs was established by practical location, in that the plaintiffs acquiesced in the placement of a "fence" establishing the boundary. We disagree. "Practical location of a boundary line, to be effectual, `must be an act of the parties, either express or implied; and it must be mutual, so that both parties are equally affected...

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