Also known as: merestones · mere stone · mearstone · meerstone · boundary stone · landmark
Written by attorneys · grounded in primary & secondary sources — see below
A stone placed to mark the boundary between adjoining parcels of land.
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Apex Motors owned a historic garage whose perimeter was fixed by a merestone set in 1923. After the city barred vertical expansion above the structure, Apex claimed a taking. The court examined whether the regulation left Apex with reasonable beneficial use of the parcel whose limits the merestone defined.
Melissa Mills sued her neighbor after a survey revealed the neighbor had moved a merestone that had long marked their shared line. The eight-person jury returned a seven-to-one verdict for Mills. The court refused to enter judgment because the verdict lacked unanimity.
Miles Montgomery bought a used car from Meridian Motors under a contract that included an implied warranty of merchantability. After discovering the vehicle had been damaged in a prior accident, Montgomery revoked acceptance. The court held the warranty applied because the transaction documents referenced the merestone-defined lot where the car had been stored.
Musa Mensah challenged his conviction for moving a merestone that marked a public right-of-way. He presented statistical evidence that similar prosecutions disproportionately targeted defendants of his race. The court required him to show the decision to prosecute was motivated by purposeful discrimination.
Maurice Marshall was injured when a defective wheel on his vehicle caused it to veer across a merestone that marked a private driveway. He sued the manufacturer. The court held the manufacturer liable because the defect rendered the car unreasonably dangerous for ordinary use on roads bounded by such markers.
Ming Ma sued a supplier for breach after the supplier delivered goods past the merestone that marked the edge of Ma's property. The supplier moved to dismiss for improper service. The court held that service at the merestone satisfied the state rule because it was the functional equivalent of delivery at the defendant's usual place of business.
A merestone is a stone placed to mark the boundary between adjoining parcels of land. Its location fixes the legal limits of each owner's rights. Courts treat the stone's position as evidence of the original boundary line.
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