Also known as:boundaries · border · limit · metes and bounds
Written by attorneys · grounded in primary & secondary sources — see below
A natural or artificial separation that delineates the confines of real property. The object of boundary rules is to ascertain the actual location as originally fixed by the parties' intention.
Sources & Authorities
How it applies
Common Examples
6
Merger Bars Boundary Promise
Beatrice Brown sold land to Bianca Baker under a contract describing a fence as the eastern boundary. The deed omitted the fence reference and contained a merger clause. After closing Bianca discovered the fence stood several feet inside the recorded line. Bianca cannot enforce the contract description because the merger doctrine limits her to the deed.
False Imprisonment Within Fixed Boundaries
Brandon Black locked Brian Bailey inside a storage room whose walls formed the boundaries fixed by Brandon. Brian remained conscious of the confinement for two hours. Brandon's intentional act of confining Brian within those boundaries satisfies the elements for false imprisonment liability.
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Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Bernard Bass and Bobby Brady's separation agreement fixed the boundary line between their adjoining parcels and stated the term would not be modified. The divorce decree incorporated that term. The court may not later alter the boundary description even if one spouse later seeks adjustment.
Creditor Reaches Trust Interest Beyond Boundary
Bristol Steel obtained a judgment against a trust beneficiary whose interest was not protected by a spendthrift provision. The court authorized attachment of future distributions up to the boundary of the beneficiary's equitable share. The order limited recovery to present and future payments only.
Community Reputation Fixes Boundary
Boreal Energy disputed the northern boundary of its timber tract with a neighboring owner. Longtime residents testified to a community reputation arising before the controversy that placed the line at an old stone wall. The reputation evidence concerning boundaries of land in the community is admissible to prove the line's location.
Bylaw Procedure Limits Boundary Change
Brighton Manufacturing shareholders adopted a bylaw requiring board approval before any boundary adjustment to corporate property. The bylaw preserved the board's authority to add reasonable procedures. Shareholders could not strip the board of power to set orderly conditions for future boundary modifications.
Common questions
Frequently Asked
3
What is the primary purpose of rules establishing boundaries?+
The primary purpose is to ascertain the actual location of the boundary as fixed at the time of the original transaction. Courts give controlling weight to the parties' intention whether express or shown by surrounding circumstances.
Supporting sources
How does a merger clause affect prior boundary descriptions in a real estate contract?+
A merger clause combined with the doctrine of merger limits the buyer to the boundaries described in the deed. Prior oral or written boundary promises not reflected in the deed are typically discharged after closing.
When may community reputation evidence establish a land boundary?+
Reputation evidence arising before the controversy is admissible when it concerns boundaries of land in the community. The evidence must predate the dispute and reflect general understanding within the locality.
410 U.S. 113 (1973)Constitutional Law
…J. I agree that, under the Fourteenth Amendment to the Constitution, the abortion statutes of Georgia and Texas impermissibly limit the performance of abortions necessary, in the judgment of a physician, to protect the pregnant woman's health. I further agree with the Court that the right of personal privacy includes…