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Zeglin v. Gahagen

Court's establishment of boundary line between parties' parcels of real estate reversed; court erred in permitting plaintiffs to tack their possession of property to their predecessor's to establish the 21 year statutory period for a consentable line based on acquiescence because there was no privity between the plaintiffs and their predecessor in interest regarding the disputed property.

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J. S20031/01

� 1 Sean E. Gahagen and Kimberlee H. Gahagen appeal from the final decree that established a disputed boundary line between two parcels of real estate, one owned by the Gahagens and the other by the Plaintiffs, Frank A. Zeglin, Jr. and Tammy Lee Zeglin. The Gahagens claim that the trial court erred in concluding that the Zeglins had satisfied the 21-year period for establishing a consentable line by recognition and acquiescence because it tacked the Zeglins’ period of ownership to that of their predecessors in title. We conclude that the court’s conclusion was in error, and for the following reasons we reverse.

� 2 This case arises from a boundary dispute between the Gahagens and the Zeglins. The undisputed facts are as follows. The Zeglins and Gahagens own adjoining properties in Paint Township, Somerset County. The properties abut one another on the Zeglins’ southern boundary and the Gahagens’ northern boundary [hereinafter referred to as the "boundary line"]. Frank A. Zeglin, Jr. purchased his and his wife’s property from Cora Murphy in 1977. Murphy and her late husband had owned the property since 1937. The record does not reveal the date that Cora Murphy’s husband deceased, and this factor does not impact our analysis of the arguments advanced by the parties in this appeal. The Gahagens purchased their property from Margaret Swincinski in 1989. Swincinski purchased the property from George and Kathryn Ickes in 1979. The Ickes had owned the property since 1972.

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