Opinion
January 16, 1981
Appeal from the Erie Supreme Court.
Present — Dillon, P.J., Simons, Hancock, Jr., Callahan and Moule, JJ.
Judgment unanimously affirmed, with costs. Memorandum: We find ample proof in the record to support the findings of the referee adopted by the court to settle a boundary line dispute to a strip of land between the respective farms of the parties. The record indicates that the parties and their predecessors treated the fence line and hedgerow as the east-west boundary between the lots until the present dispute. There is no evidence that the parties treated this as other than the boundary line until 1968 when this dispute arose. A practical location of a boundary line acquiesced in for a long series of years will not be disturbed (Baldwin v. Brown, 16 N.Y. 359, 362; Reed v. Farr, 35 N.Y. 113, 116-117; Sherman v. Kane, 86 N.Y. 57, 73-74; see, also, Allen Cross, 64 A.D.2d 288, 292).