MUJI 2d CV901

[Name of plaintiff] and [name of defendant] are adjoining landowners. There is a dispute over where the legal property line is between the adjoining pieces of property. [Name of plaintiff] claims that a visible [fence, monument, building, or natural features treated as a boundary] between [name of plaintiff]'s property and [name of defendant]'s property is a "boundary by acquiescence," that should be recognized as the legal boundary between the properties.

To establish [name of plaintiff]'s claim of boundary by acquiescence, [he or she] must prove each of the following elements by clear and convincing evidence:

1. There is a visible line between [name of plaintiff]'s property and [name of defendant]'s property that is marked by a [fence, monument, building, or natural features treated as a boundary];

2. The past or present owners of [name of plaintiff]'s property occupied [name of plaintiff]'s property up to the visible line in a manner that would give a reasonable landowner notice that the past or present owners of [name of plaintiff]'s property were using the line as a boundary;

3. The past or present owners of [name of plaintiff] and [name of defendant]'s properties mutually acquiesced to in the line as a boundary between the properties; and

4. For a continuous period of at least 20 years without interruption.