Mutual Acquiescence Law & Legal Definition
Mutual acquiescence is an agreement indicating acceptance of a condition by both parties involved or a lack of objection signifying permission. The issue of mutual acquiescence often arises in ownership of property in boundary disputes. A party claiming ownership by mutual acquiescence must prove each element by clear, cogent, and convincing evidence. Acquiescence in a property line cannot be established by one party's unilateral acts.
Boundary by acquiescence entails four elements, all of which must be shown to establish ownership of a disputed parcel: (1) occupation up to a visible line marked by monuments, fences, or buildings, (2) mutual acquiescence in the line as a boundary,(3) for a long period of time, and (4) by adjoining landowners.
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