As someone who has been focusing on boundary law almost exclusively for the last 5 years, I have come to understand that in a conflict there are always (proverbially speaking) “two sides to the fence.” I think this language, or perhaps “two sides to a coin” help people to more concretely understand the concept that
Two Sides of the Same Fence
Hostile & Exclusive: Are these Really Distinct Elements?
By Bob Zierman on
Posted in Thoughts & Theory
I explained that the element “Open & Notorious” is actually “two sides of the same fence” in this recent post. There I indicated that “Open” is the way the putative adverse possessor demonstrates possession. “Notorious” is how the title holder, or the world as the title holder’s proxy, recognizes this demonstration.
Well, how far of…