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28 Probate & ProPerty j November/December 2008 The owner of the eastern tract claimed ownership up to the fence based on the doctrine of boundary by acquiescence, which operates when the landownerrs conduct shows tacit acceptance of a fence or other visible marker as the boundary. The fence was in place for many decades, and testimony about who had built the fence and for what purpose was inconclusive. Proof that either party was in possession is not an essential element for boundary by...