Rule 1323 Evidence of a statement concerning the boundary of land is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness and …

When there is a dispute about where a property line is, someone's old statement about that boundary can be used as evidence in court, even if the person who made the statement is no longer available to testify. This is an exception to the normal hearsay rule, which usually blocks secondhand statements from being used as evidence.

For the statement to be allowed, two things must be true. The person who made the statement must have known enough about the land and its boundaries to be reliable. Also, the statement must seem trustworthy based on the situation in which it was made.

If there are red flags that suggest the statement was made dishonestly or under suspicious circumstances, a judge can block it from being used as evidence.