§13.6 - Use of Monuments

• Jurisdiction: Washington

§13.6 USE OF MONUMENTS

This section discusses land descriptions using monuments and boundaries, including natural objects such as trees and water courses as well as artificial objects such as streets.

(1) Natural objects

The oldest method of describing land is by use of natural monuments and boundaries, such as trees, rivers and streams, lakes, mountains, and other natural objects. If a description contains courses and distances that are in conflict with natural objects, the natural objects control. State ex rel. Davis v. Superior Court, 84 Wash. 252, 146 P. 609 (1915).

This means that, to the extent they are at odds, distances must be lengthened or shortened, and courses varied, to conform to the location of the natural objects. The reason for this rule is simple enough. The intention of the grant is to convey the land actually surveyed. Mistakes in measured courses and distances are more likely than mistakes in natural objects, like marked trees, mountains, and rivers that are capable of being clearly designated and accurately described. Thus the natural objects are more conclusive evidence of intent. McIver's Lessee v. Walker, 13 U.S. 173, 3 L.Ed. 694 (1815).

(2) Artificial objects

Like natural objects, artificial objects, such as streets, alleys, and railways, may be used to mark corners and boundaries in descriptions of land. Also like natural objects, artificial objects will control when in conflict with measured courses and distances contained in the legal description of a plat or grant. State ex rel. Davis v. Superior Court, 84 Wash. 252, 146 P. 609 (1915).

(3) Streets and alleys as boundaries

Many descriptions use streets or alleys as boundaries. In such descriptions, reference should be made to the point or line of the street or alley to which the boundary runs. In Washington, absent...