In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of their rights, while someone else unknowingly and without
malice aforethought
Malice aforethought is the "premeditation" or "predetermination" (with malice (law), malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravation (law), aggravated murder in a few. Insof ...
acts in a manner inconsistent with their rights. As a result of acquiescence, the person whose rights are infringed may lose the ability to make a legal claim against the infringer, or may be unable to obtain an
injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in pa ...
against continued infringement. The doctrine infers a form of "
permission" that results from silence or passiveness over an extended period of time.
Overview
Although not typically found in statutory law, the doctrine of acquiescence is well-supported by case law. One common context in which acquiescence is raised is when there is a dispute or disagreement over the location of a property line, followed by an extended period of time during which the parties respect a property line. Even if it is later discovered that the actual property line was in a different location, the long-term acquiescence to the incorrectly placed line may result in its becoming enforceable as the legal property line.
An example of the law of acquiescence occurred in a dispute between the State of
Georgia
Georgia most commonly refers to:
* Georgia (country), a country in the Caucasus region of Eurasia
* Georgia (U.S. state), a state in the Southeast United States
Georgia may also refer to:
Places
Historical states and entities
* Related to the ...
and the State of
South Carolina
)''Animis opibusque parati'' ( for, , Latin, Prepared in mind and resources, links=no)
, anthem = " Carolina";" South Carolina On My Mind"
, Former = Province of South Carolina
, seat = Columbia
, LargestCity = Charleston
, LargestMetro = ...
, in which the
Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
held that Georgia could no longer make any claim to an
island
An island (or isle) is an isolated piece of habitat that is surrounded by a dramatically different habitat, such as water. Very small islands such as emergent land features on atolls can be called islets, skerries, cays or keys. An island ...
in the
Savannah River
The Savannah River is a major river in the southeastern United States, forming most of the border between the states of South Carolina and Georgia. Two tributaries of the Savannah, the Tugaloo River and the Chattooga River, form the norther ...
, despite the 1787
Treaty of Beaufort
The Treaty of Beaufort, also called the Beaufort Convention, is the treaty that originally set the all-river boundary between the U.S. states of Georgia and South Carolina. It was named for Beaufort, South Carolina, where it was signed in 1787.
...
's assignment to the contrary. The court said that Georgia had knowingly allowed South Carolina to join the island as a
peninsula
A peninsula (; ) is a landform that extends from a mainland and is surrounded by water on most, but not all of its borders. A peninsula is also sometimes defined as a piece of land bordered by water on three of its sides. Peninsulas exist on all ...
to its own coast by dumping sand from dredging, and to then levy
property tax
A property tax or millage rate is an ad valorem tax on the value of a property.In the OECD classification scheme, tax on property includes "taxes on immovable property or net wealth, taxes on the change of ownership of property through inheri ...
es on it for decades. Georgia thereby lost the island-turned-peninsula by its own acquiescence, even though the
treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations
An international organization or international o ...
had given it all of the islands in the
river
A river is a natural flowing watercourse, usually freshwater, flowing towards an ocean, sea, lake or another river. In some cases, a river flows into the ground and becomes dry at the end of its course without reaching another body of wate ...
.
Similar legal doctrines
Doctrines similar to acquiescence include:
*The
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
doctrine
Doctrine (from la, doctrina, meaning "teaching, instruction") is a codification of beliefs or a body of teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a belief system ...
of
estoppel
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from ...
. A claim of estoppel may arise when one party gives legal notice to a second party of a fact or claim, and the second party fails to challenge or refute that claim within a reasonable time. The second party may be said to have acquiesced to the claim, and thus to be ''estopped'' from later challenging it or making a counterclaim based upon the actions of the other party. Estoppel by acquiescence is different from estoppel by
laches as acquiescence involves an intentional act of the party who is accused of acquiescence, while laches may result from conduct that is not voluntary.
*Silence is acquiescence (aka. silent acquiescence and acquiescence by silence). Under this related doctrine, when confronted with a wrong or an act that can be considered a
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable ...
ious act, one's silence in the face of the transgression may result in a loss of a right to make a claim for loss or damage, on the principle of consent inferred from accepting or permitting the wrongful acts without protest or
claim.
[See, e.g., ]
See also
*
Nonacquiescence In law, nonacquiescence is the intentional failure by one branch of the government to comply with the decision of another to some degree. It tends to arise only in governments that feature a strong separation of powers, such as in the United States ...
, an unrelated legal doctrine
*
Qui tacet consentire videtur
} (right to left).
, -
, ''quo errat demonstrator'', , where the prover errs, , A pun on "quod erat demonstrandum"
, -
, ''quo fata ferunt'', , where the fates bear us to, , motto of Bermuda
, -
, ''quo non ascendam'' , , to what heights can I ...
*
Adverse possession
Adverse possession, sometimes colloquially described as "squatter's rights", is a legal principle in the Common law, Anglo-American common law under which a person who does not have title (property), legal title to a piece of property—usuall ...
References
{{reflist
Equitable defenses
Legal doctrines and principles