Clark v. Caughron
2017 Ark. App. 409
| Ark. Ct. App. | 2017Background
- Bob and Buneva Clark own contiguous acreage; dispute arose over an allegedly encroaching fence on land Clark acquired from David Maness (and adjoining land from Anton Simon).
- Clark obtained surveys indicating Caughron’s fence encroached onto Clark’s land and sued to quiet title and for timber removal; Caughron counterclaimed that the fence was the boundary by acquiescence and, alternatively, by adverse possession.
- Evidence showed long-standing fences: southern boundary in place since at least the 1950s and western boundary built pursuant to a survey agreement between Simon (Clark’s predecessor) and Caughron; neighbors and witnesses testified to decades of undisturbed use and observation of the fences.
- Caughron and witnesses testified to active, exclusive use and maintenance of the disputed areas (brushing, logging, cattle, ponds, fence repair) over many years; Clark had asked for permission to cross Caughron’s land and delayed suit for seven years after acquiring bordering parcels.
- The circuit court found the disputed boundaries fixed by the old fences: (1) boundary by acquiescence and (2) in the alternative, adverse possession; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the fence line is a boundary by acquiescence | Clark: fence does not establish boundary; prior placement was fraudulent or mistaken | Caughron: long, tacit acceptance of fence as dividing line; predecessors agreed and treated it as boundary | Court: affirmed boundary by acquiescence — fence fixed the line |
| Whether Caughron acquired title by adverse possession | Clark: Caughron's possession was not hostile or adverse to Clark/predecessors | Caughron: open, notorious, exclusive, continuous possession and use for over seven years | Court: affirmed adverse possession as alternative ground |
Key Cases Cited
- Myers v. Yingling, 372 Ark. 523 (boundary by acquiescence arises when adjoining owners tacitly accept a visible dividing line)
- Rabjohn v. Ashcraft, 252 Ark. 565 (long, continued acquiescence plus occupation may establish a boundary without written agreement)