192 The Farmer's Business Handbook 



mistake, upon the land of another, not claiming 

 the land enclosed up to the fence, but merely 

 claiming the land to the correct boundary, what- 

 ever it may be found to be, he acquires no 

 rights which will prevail against the true and 

 original owner. If adjoining owners agree upon 

 a dividing line, and actually claim and occupy 

 the land on each side thereof for the necessary 

 period, that will become the legal boundary. 

 After that, the formerly incorrect boundary be- 

 comes established as the legal one, and the former 

 owner cannot maintain an action to recover land 

 lost to him by it. But if, by mistake, they decide 

 on a line as the true boundary, not intending to 

 claim anything beyond such boundary, the agree- 

 ment upon the line does not affect their rights. 



Only a general discussion is possible here ; there 

 are many rules which the scope of this work 

 makes it impossible to treat. It may, however, be 

 remembered that in most, if not all these cases, 

 the rules are the same as to acquiring lands by 

 changes in fence lines, as they are with regard 

 to acquiring lands by adverse possession in any 

 other way. One may not acquire a part of a 

 highway by moving his fences out unless he 

 does so to such an extent as actually to obstruct 

 travel; that is, so far as practically to close 

 the road. On the other hand, by so doing, he 

 may become liable to a prosecution for nuisance. 



