¶1specially concurring.
¶2Because we must apply Rule 52(a), N.D. R.Civ.P., I concur, but I do have more difficulty distinguishing Manz v. Bohara, 367 N.W.2d 743 (N.D.1985), than the author of the majority opinion. If the test is now to be whether or not the line has remained “essentially” unchanged it will result in encouraging aggressive persons to take advantage of their more docile neighbors. I think that is the wrong signal to be sending.
¶3Basing a boundary line upon a crop line is about as reliable as basing a boundary line on sifting sands as the crop line is likely to be affected by who plants the seeds first each season and will vary accordingly.