from the Iowa District Court for Dallas County, Bradley
defendants appeal the district court order granting the
plaintiffs a boundary by acquiescence. AFFIRMED.
Jeffrey N. Bump of Bump & Bump, LLP, Panora, for
O'Hollearn of Brick Gentry, P.C., West Des Moines, for
Considered by Bower, C.J., and Vaitheswaran and Doyle, JJ.
appeal of a boundary dispute between neighboring landowners,
we must determine whether the district court erred in finding
the plaintiffs established a boundary by acquiescence.
Because any error in admitting hearsay evidence was not
prejudicial and substantial evidence supports finding a
boundary by acquiescence, we affirm.
Background Facts and Proceedings.
1873 and 1911, John Royer acquired three adjoining farms in
Dallas County. Over the next century, the farms passed down
to Royer's descendants. Dan Brewer-Royer's great
grandson-inherited one farm in 1992, and he and his wife,
Linda, acquired the deed to a second farm in 2005. Their
property consists of the northernmost and southernmost farms
that Royer originally bought.
remaining Royer farm lies between the parcels owned by the
Brewers, with the Brewers' property bordering it on the
north, east, and south. It remained in the Royer family until
2000, when Merlin Royer's estate sold it to Randy
Deardorff. In 2016, Deardorff sold the southern portion of
his parcel to Scott Plagman.
subject of this litigation is the boundary running north and
south on the eastern side of Deardorff's and
Plagman's properties and the western side of the
Brewers' property. A fenced corridor the parties call a
"jungle lane" also runs north and south at the
point where the parties' properties meet. At the north
end of the jungle lane is a triangle-shaped area the parties
call "the neck," which connects the north pasture
to the south pasture.
boundary dispute arose after Plagman obtained a survey of the
land in 2016. Although the Brewers believed the jungle
lane's western fence line marked the boundary between the
farms, the survey revealed the boundary in the legal
description does not match the fence's location. The
surveyor determined the boundary was "in between"
Brewers filed an action to quiet title, alleging a boundary
by acquiescence along the western fence. Deardorff and
Plagman counterclaimed, alleging a boundary by acquiescence
along the eastern fence. Following a trial, the district
court found the ...