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Bouvier's Law Dictionary, Revised 6th Edition (1856)

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.

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