Marshall v. Soffer

Patrick Marshall and Deborah Marshall (plaintiffs) sued to quiet title and establish the boundary between their Branford, Connecticut land and neighboring property owned by Joseph Soffer (defendant). Soffer argued he had acquired the disputed land by adverse possession, that the Marshalls' deed was ambiguous because a boundary monument referenced in it no longer existed, that a 1967 map prepared for him showed different agreed-upon lines with the property's prior owner, and that the doctrine of acquiescence in a boundary applied. The trial court found the Marshalls' deed was unambiguous, that the unrecorded 1967 map did not modify the deed's description, and that Soffer had failed to prove adverse possession, and it ordered Soffer to remove encroaching fencing and materials. Soffer appealed.