Fischer v. Croston

This appeal centered on a boundary dispute between neighbors. James and Marjorie Croston appealed the district court’s grant of summary judgment in favor of William and M. Ann Fischer, trustees of the William and Ann Fischer Revocable Trust (Fischers). The Crostons owned property adjacent to the southern side of property owned by the Fischers. For several decades, an existing post-and-wire fence divided the two properties. The existing fence fell into disrepair, and in 2015, the Fischers sought to remove the existing fence and replace it with a new fence. The Fischers had a survey done to ensure the new fence would be correctly placed; however, the survey revealed that the location of the old fence line did not reflect the platted property line. Instead, the old fence line extended south of the platted line approximately three feet on the eastern side and approximately nine feet on the western side. Following the survey, the Crostons built a new fence on the survey line, which prompted the Fischers’ to file the underlying lawsuit. Both parties claimed they owned the tract of land between the old fence line and the platted boundary line. The district court granted the Fischers’ motion for summary judgment reasoning that the old fence constituted a boundary by agreement, and there was no agreement to change the boundary line. The Crostons appealed that ruling, but finding no reversible error in the district court judgment, the Idaho Supreme Court affirmed. View "Fischer v. Croston" on Justia Law