Chapter 20 : Boundaries

• Library: Standards for Examination of Real Estate Titles in Arkansas (2021 Ed.)

CHAPTER 20: BOUNDARIES

Standard 20.1 Encroachments

The examiner should advise the client that neither the instruments examined nor the examiner's investigation would disclose any discrepancies between the description of the land under examination and visible encroachments such as fences, pins, monuments, land use, improvements or other markers that could indicate and support adverse claims including boundary by acquiescence claims.²⁹²

Standard 20.2 Unrecorded Modifications

Whether or not a survey or other information regarding boundaries is furnished for examination, the examiner should advise the client that, irrespective of the method by which the land is described, i.e., by U.S. government markers, metes and bounds, subdivision lot description, etc., the "true" boundaries are subject to relocation by oral agreement or acquiescence between adjoining owners and by adverse possession.

Standard 20.3 Navigable Waterways

The State of Arkansas owns the bed of all navigable waterways within the State of Arkansas, from ordinary high water mark to ordinary high water mark.²⁹³ Exception: The State of...