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Tenorio v Camacho [1982] TTLawRp 7; 8 TTR 256 (27 October 1982)

8 TTR 256

SOLEDAD T. TENORIO, Plaintiff-Appellant

v.

ALBERT S. CAMACHO, Defendant-Appellee

Civil Appeal No. 223

Appellate Division of the High Court

Northern Mariana Islands District

October 27, 1982

Appeal from a finding by the trial court in a boundary dispute that there had been an "agreed boundary line" or "boundary by acquiescence." The Appellate Division of the High Court, Gianotti, Associate Justice, held that since the "agreed boundary line" or "boundary by acquiescence" had not been mutually agreed upon for a period of twenty years, finding of trial court was erroneous, and therefore finding was reversed and the case remanded to trial court.

1. Boundaries--By Acquiescence

In order to establish a boundary by agreement or boundary by acquiescence, the owners of adjacent properties must have occupied their respective premises up to an open boundary line visibly marked by monuments, fences or buildings and mutually recognized it as the dividing line, for a period at least equal to that of the statute of limitations in case of adverse possession, which is twenty years in the Trust Territory.

2. Boundaries-By Acquiescence

Finding of trial court that there had been an "agreed boundary" or "boundary by acquiescence" between owners of adjacent properties was erroneous, where the line was not acquiesced in for a period of twenty years.

Before BURNETT, Chief Justice, NAKAMURA, Associate Justice, GIANOTTI, Associate Justice

GIANOTTI, Associate Justice