Boundary

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BOUNDARY, 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. 3 Toull. n. 171.
     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. 20 John. R. 91; 12 John. R. 252; 1 Rand. R. 417; 1 Halst. R. 1; 2 N. H. Rep. 369; 6 Cowen, R. 579; 4 Pick. 268; 3 Randolph's R. 33 4 Mason's R. 349-397.
     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; 5 Mass. 357; 1 Caines' R. 493; 2 John. R. 27; 15 John. 471; 17 John. R. 146; Id. 29; 6 Cranch, 237; 4 Hen. & Munf. 125; 2 Bay, R. 515; and the same rule is applicable, although neither the courses and distances, nor the estimated contents, correspond with such specific boundaries; 6 Mass. 131; 11 Mass. 193; 2 Mass. 380; 5 Mass. 497; but these rules do not apply in cases where adherence to them would be plainly absurd. 17 Mass. 207. Vide 17 S. & R. 104; 2 Mer. R. 507; 1 Swanst. 9; 4 Ves. 180; 1 Stark. Ev. 169; 1 Phil. Ev. Index, h. t.; Chit. Pr. Index, h. t.; 1 Supp. to Ves. jr. 276; 2 Hill. Ab. c. 24, Sec. 209, and Index, h. t.
     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. 9 Watts, R. 565. See Hov. Fr. c. 8, p. 239 to 243; 3 Sum. R 170 Poth. Contr. de Societe, prem. app. n. 231.
     7. Boundaries are frequently marked by partition fences, ditches, hedges, trees, &c. 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. 5 Taunt. 20. 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. 3 Taunt. 138. 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. Arch. N. P. 328; 2 Greenl. Ev. Sec. 617. A tree growing in the boundary line is the joint property of both owners of the land. 12 N. H. Rep. 454.
     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. 4 Bouv. Inst. n. 3923.

References in periodicals archive ?
In this manner, the mixed type boundary condition on [[GAMMA].sub.S] could be treated as if it were a natural boundary condition during the iteration process.
Which river serves as a natural boundary for much of that distance?--
"We have always been concerned that the M6 Toll would become the natural boundary of Birmingham."
This was disputed by residents and Coun Nick Forbes who represents the area said Gallowgate is a natural boundary between city centre pubs and the residential area.
The Mersey is the natural boundary separating Lancashire from Cheshire; Southport in Lancashire and the Wirral Peninsula in Cheshire, the natural locations fo rthese areas.
He said: "For centuries, the Tweed downstream of Kelso has been the natural boundary between Scotland and England.
The natural boundary conditions, namely the symmetry conditions at the mid-plane, the full-slip (zero friction) condition at the contact point, and the zero force at the free surface are implemented by substituting the boundary terms in the residual equations.
Speaking for the Liberal Democrats, former Newcastle Council leader Lord Shipley proposed scrapping the Newcastle Central seat and dividing the wards up between three Newcastle seats, with the Town Moor acting as a natural boundary.
The event is blessed with one of the most scenic show venues in the country, with the River Towy, famous for its sea trout and salmon providing a natural boundary on its west side.
The mountains that form a natural boundary between the two countries:--*