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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Bangladesh and India should cooperate with each other and ensure that the land boundary agreement is ratified.
* Demarcate the land boundary along centre of Sir Creek.
Additional protocols for 1974 Land Boundary Agreement, signed during Prime Minister Manmohan Singh's visit to Dhaka in September 2011, require a constitutional amendment for ratification as these involve exchange of land in 111 Indian enclaves in Bangladesh and 51 Bangladeshi enclaves on Indian soil.
The land boundary pact envisages exchange of 162 enclaves adversely held by India and Bangladesh in each other's territories and alterations of boundaries at some places.
Sources said while Dhaka had not insisted on Chetia's extradition as a package deal, expediting the land boundary agreement that is expected to be taken up in the coming session of Parliament.
During the meeting, Khurshid reassured Moni about his intention to introduce a constitutional amendment related to the Land Boundary Agreement during the Winter Session of Parliament.
The government couldn't see through some of its key legislations such as the Food Security Bill, the Land Acquisition Bill and the ascent to land boundary agreement with Bangladesh.
It maybe recalled that the Indian Union Cabinet approves amendment bill on India - Bangladesh Land Boundary Agreement, 1974 on February 14, 2013.
The joint statements issued after the India- Pakistan talks on May 21, 2011, and June 19, 2012, speak of the need to demarcate " the land boundary in the Sir Creek area and the delimitation of ( the) International Maritime Boundary between Pakistan and India." A joint survey of Sir Creek was taken up in two phases in January and February 2007.
Dhaka, Feb 17 ( ANI ): India and Bangladesh have exchanged strip maps as part of the process of the implementation of the agreement signed to resolve land boundary issues between the two countries.