Also known as:adjacent · adjoining · pertaining to
Written by attorneys · grounded in primary & secondary sources — see below
Land that adjoins a stream or other body of water. Courts use the designation to identify parcels sharing a common boundary with the watercourse for purposes of access, easements, and boundary disputes.
Sources & Authorities· 22 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Fraud Claim After Deed Delivery
Edith Eberhardt conveyed waterfront acreage adjoining a stream to Elliot Edmonds. The contract promised a boundary fence along the stream, but the deed omitted the promise. After closing, Edmonds discovered the omission was fraudulent. Because the promise concerned land adjoining the stream and was independent of the conveyance itself, the fraud claim survived merger into the deed.
Warrantless Vehicle Search on Driveway
Emanuel Escobar parked his car in the driveway immediately adjoining his home. Officers entered the driveway without a warrant to search the vehicle under the automobile exception. The entry into the adjoining curtilage required separate justification, so the search was invalid.
Esther Eisenberg operated a bakery on a parcel adjoining a stream. A state law limited working hours for bakers on that adjoining land. The regulation was challenged as an unconstitutional interference with liberty of contract.
Lochner v. New York198 U.S. 45 (1905)
Landmark Designation on Adjoining Parcel
Eclipse Manufacturing owned a terminal adjoining a stream. The city designated the terminal a landmark, preventing redevelopment that would have increased its value. The owner claimed the restrictions on the adjoining land constituted a taking.
Penn Central Transportation Co. et al. v. New York City438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)
Punitive Damages for Adjoining Land Harm
Enigma Technologies polluted a stream that bordered Eugene Ellsworth's adjoining property. A jury awarded substantial punitive damages. The award was challenged as grossly excessive under due process standards.
State Farm Mutual Automobile Insurance Co. v. Campbell538 U.S. 408, 123 S.Ct. 1513, 155 L.Ed.2d 585 (2003)
Taking of Adjoining Waterfront Land
Everest Holdings owned parcels adjoining a stream that the city sought for economic redevelopment. The city condemned the adjoining land under its eminent domain power. The owner challenged the taking as lacking a public purpose.
Kelo, et al. v. City of New London545 U.S. 469, 503 (2005)
Common questions
Frequently Asked
1
What does the term e pili ana identify in property disputes?+
The term identifies land that shares a boundary with a stream. Courts apply it to determine rights of access, easements, and boundary location along the watercourse.
Supporting sources
272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)Property
…situated in the westerly end of the village, abutting on Euclid Avenue to the south and the Nickel Plate railroad to the north. Adjoining this tract, both on the east and on the west, there have been laid out restricted residential plats upon which residences have been erected. On November 13, 1922, an ordinance was adopted…