Chapter 16 - § 16.2 • BOUNDARIES
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§ 16.2.1—Establishment of Boundaries
A "boundary" is "a separation that delineates the confines of real property."65
By Written Agreement
Any uncertain line, uncertain corner, or uncertain boundary of an existing parcel of land that is recorded in the real estate records in the office of the clerk and recorder for the county where the land is located and that is in dispute may be determined and permanently established by written agreement of all parties thereby affected, signed and acknowledged by each as required for conveyances of real estate, clearly designating the same, and accompanied by a map or plat thereof that shall be recorded as an instrument affecting real estate. The agreement is binding upon the parties and their heirs, successors, and assigns. If the map or plat is prepared by a licensed professional land surveyor, monuments must be set for any line, corner, or boundary included in the agreement.66
By Parol Agreement
A boundary line may, under certain circumstances, be permanently and irrevocably established by parol agreement of adjoining owners. When there is a doubt or uncertainty, or a dispute has arisen, as to the true location of a boundary line, the adjoining owners may by parol agreement establish a division line; and where the agreement is executed and actual possession is taken under such agreement, it is conclusive against the owners and those claiming under them.67 In order for an agreement to be valid, the location of the boundary must be "honestly disputed," and the agreed boundary must be marked or recognized in the subsequent use of the tracts.68 The fact that the boundary line could have been ascertained by having a survey made does not prevent there being an uncertainty; it is not necessary that the true line be absolutely unascertainable.69
By Acquiescence
For the establishment of boundaries by acquiescence, see § 16.2.1.
By Judicial Proceedings
For the establishment of boundaries by judicial proceedings, see § 26.1.
§ 16.2.2—Water Boundaries
General Rules
Where a non-navigable river is named as a monument, the grant extends to its center and the thread of the stream is the true boundary.70 Where the words "along," "to," or "bounded by" a water course or similar expressions are used to describe a grant, the rule is generally held to apply, unless a contrary intention of the parties appears.71 However, this rule is merely a presumption, which may be rebutted by a consideration of the language used by the parties and the surrounding circumstances.72 Thus, a grant of land "situate, lying and being North of the North bank of Beaver Creek" does not convey any interest in Beaver Creek itself.73 Similarly, a description containing a course running "to a point on the north bank of Chalk Creek" does not convey the land between the centerline of Chalk Creek and the north bank.74
A meander line is the traverse of the margin of a permanent, natural body of water; the existence of a body of water is essential to a meander line.75 The general rule is that meander lines are not run as boundary lines of the lands surveyed. They are usually run to determine the outlines of the stream or other boundary of water and as a means of ascertaining the quantity of land embraced in the survey. This rule is subject to many exceptions, two of which are (1) where the parties to the instrument of conveyance intended to use the meander line, and (2) where public officers in making sales have actually or by necessary implication made the meander line the boundary line.76 If a body of water was in existence at the time of the survey, but was not in existence at the time of the issuance of the patent, the patentee would acquire only to the meander line shown on the survey. If by wrongful act or error of the surveyor, land was omitted from the survey and was designated and meandered as a lake, it remains public land after the survey, although unsurveyed.77
When a river abandons its original course, the bed over which it formerly flowed becomes part of the surrounding land.78
Accretion
The proprietor of land bounded upon a non-navigable stream is benefited, or impaired, by changes in the course of a stream occurring gradually over a period of time, and where the stream is designated as a boundary, the grant extends to the thread of the stream.79 In the absence of evidence to the contrary, it is presumed that a change has occurred by accretion.80
Avulsion
Avulsion is a sudden change of the course of a stream. When such a sudden change occurs, there is no alteration in a boundary line; it remains at the location of the river immediately prior to the change.81
§ 16.2.3—Road Boundaries
Transfer of Land Adjoining Road
It is a well-established principle that a grant or conveyance of land described as bounded by a street or highway will be construed to mean bounded by the middle of the street or highway, unless the language of the deed clearly states an intention to restrict the boundaries of the conveyance.82 The reason for the rule is that the adjacent proprietor is prima facie the owner of the soil, subject to the easement in favor of the public, and this upon the presumption that the ground was originally taken from the adjoining owners, and for the sole purpose of being used as a thoroughfare.83 The centerline presumption applies in the case of railroad rights-of-way.84 But it is not applicable where the landowner does not produce evidence proving that his or her title derives from the owner of the land underlying the right of way.85
Where the title to the street is in the government or municipality, a deed of land bounded by the street will carry title only to the line and not to the center of the street. The rule that a grant or conveyance of land described as bounded by a street or highway will be construed to mean the middle of the highway or street does not apply where the description does not mention the street or highway.86
Apportionment of Vacated Road
Whenever a roadway has been designated on the plat of any tract of land or has been conveyed to or acquired by a county or incorporated town or city or by the state or by any of its political subdivisions for use as a roadway, and thereafter is vacated, title to the lands included within such roadway or so much thereof as may be vacated, vests, subject to the same encumbrances, liens, limitations, restrictions, and estates as the land to which it accrues, as...
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