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 an equitable remedy in the form of a special court order compelling a party to do or refrain from doing certain acts. It was developed by the English courts of equity but its origins go back to Roman law and the equitable rem ...
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 South Caucasus
* Georgia (U.S. state), a state in the southeastern United States
Georgia may also refer to:
People and fictional characters
* Georgia (name), a list of pe ...
and the State of
South Carolina
South Carolina ( ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders North Carolina to the north and northeast, the Atlantic Ocean to the southeast, and Georgia (U.S. state), Georg ...
, 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 Federal tribunals in the United States, U.S. federal court cases, and over Stat ...
held that Georgia could no longer make any claim to an
island
An island or isle is a piece of land, distinct from a continent, completely surrounded by water. There are continental islands, which were formed by being split from a continent by plate tectonics, and oceanic islands, which have never been ...
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 Georgia (U.S. state), Georgia and South Carolina. The river flows from the Appalachian Mountains to the Atlantic Ocean, ...
, despite the 1787
Treaty of Beaufort'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 only connected to land on one side. Peninsulas exist on each continent. The largest peninsula in the world is the Arabian Peninsula.
Etymology
The word ''peninsula'' derives , . T ...
to its own coast by dumping sand from dredging, and to then levy
property tax
A property tax (whose rate is expressed as a percentage or per mille, also called ''millage'') 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 Wealth t ...
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 sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
had given it all of the islands in the
river
A river is a natural stream of fresh water that flows on land or inside Subterranean river, caves towards another body of water at a lower elevation, such as an ocean, lake, or another river. A river may run dry before reaching the end of ...
.
Similar legal doctrines
Doctrines similar to acquiescence include:
*The
common law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
doctrine
Doctrine (from , meaning 'teaching, instruction') is a codification (law), codification of beliefs or a body of teacher, teachings or instructions, taught principles or positions, as the essence of teachings in a given branch of knowledge or in a ...
of
estoppel
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so is said to be "estopped". Estoppel may prevent someone from bringing a particul ...
. 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. In international law, the
ICJ distinguishes estoppel from acquiescence by stating that acquiescence is "tacit recognition manifested by unilateral conduct which the other party may interpret as consent,"
*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, other than breach of contract, 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 cri ...
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
*
Adverse possession
Adverse possession in common law, and the related civil law (legal system), civil law concept of usucaption (also ''acquisitive prescription'' or ''prescriptive acquisition''), are legal mechanisms under which a person who does not have title (p ...
*
Nonacquiescence
*
Qui tacet consentire videtur
References
{{reflist
Equitable defenses
Legal doctrines and principles