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Home » Law Dictionary » B » BOUNDARY

BOUNDARY

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

By boundary is understood, in general, every separation, natural or artificial, which marks the confines or line of division of two contiguous estates. Trees or hedges may be planted, ditches may be dug, walls or inclosures may be erected, to serve as boundaries. But we most usually understand by boundaries stones or pieces of wood inserted in the earth on the confines of the two estates. Civ. Code La. art. 826. Boundaries are either natural or artificial. Of the former kind are water courses, growing trees, beds of rock, and the like. Artificial boundaries are landmarks or signs erected by the hand of man, as a pole, stake, pile of stones, etc. Natural boundary. Any formation or product of nature (as opposed to structures or erecdons made by man) which may serve to define and fix one or more of the lines inclosing an estate or piece of property, such as a watercourse, a line of growing trees, a bluff or mountain chain, or the like. See Peuker v. Canter, 62 Kan. 363, 63 Pac. 617; Stapleford v. Brin son, 24 N. C. 311; Eureka Mining, etc., Co. v. Way, 11 Nev. 171. Private boundary .An artificial boundary, consisting of some monument or landmark set up by the hand of man to mark the beginning or direction of a boundary line of lands. Public boundary. A natural boundary; a natural object or landmark used as a boundary of a tract of land, or as a beginning point for a boundary line.

Law Dictionary – Alternative Legal Definition

estates. By this term is understood in general, every separation, natural or artificial, which marks the confines or line of division of two contiguous estates. 2. Boundary also signifies stones or other materials inserted in the earth on the confines of two estates. 3. Boundaries are either natural or artificial. A river or other stream is a natural boundary, and in that case the centre of the stream is the line. 4. An artificial boundary is one made by man. 5. The description of land, in a deed, by specific boundaries, is conclusive as to the quantity; and if the quantity be expressed as a part of the description, it will be inoperative, and it is immaterial whether the quantity contained within the specific boundaries, be greater or less than that expressed; and the same rule is applicable, although neither the courses and distances, nor the estimated contents, correspond with such specific boundaries; but these rules do not apply in cases where adherence to them would be plainly absurd. 6. When a boundary, fixed and by mutual consent, has been permitted to stand for twenty-one years, it cannot afterwards be disturbed. In accordance with this rule, it has been decided, that where town lots have been occupied up to a line fence between them, for more than twenty-one years, each party gained an incontrovertible right to the line thus established, and this whether either party knew of the adverse claim or not; and whether either party has more or less ground than was originally in the lot he owns. 7. Boundaries are frequently marked by partition fences, ditches, hedges, trees When such a fence is built by one of the owners of the land, on his own premises, it belongs to him exclusively; when built by both at joint expense, each is the owner of that part on his own land. When the boundary is a hedge and a single ditch, it is presumed to belong to him on whose side the hedge is, because he who dug the ditch is presumed to have thrown the earth upon his own land, which was alone lawful to do, and that the hedge was planted, as is usual, on the top of the bank thus raised. But if there is a ditch on each side of the hedge, or no ditch at all, the hedge is presumed to be the common property of both proprietors. A tree growing in the boundary line is the joint property of both owners of the land. 8. Disputes arising from a confusion of boundaries may be generally settled by an action at law. But courts of equity will entertain a bill for the settlement of boundaries, when the rights of one of the parties may be established upon equitable grounds.

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  • MONUMENTS
  • NATURAL FRUITS
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