on the character of the artificial one. A large stone set in a
secure place surely is a better boundary than a wayward stream whose
course is changed by every freshet. In marking the public lands of the
western territories by statute monuments must designate the corners of
the tract. But when these are lost then corners and distances become
the guide. Oral evidence may be admitted to establish the location of
monuments, and even hearsay evidence may be used for the purpose.
In a city lot courses and distances play a larger part in fixing the
boundaries, and are more carefully defined. Often the boundary is to
the center of a dividing wall.
The boundary of land by a non-navigable stream is to the center; and
if one owns on both sides of such a stream he is the owner also of the
bed. But if land is bounded by the bank or shore of a stream, or by
other words of clearly evident exclusion, the stream is excluded. The
rule is different that applies to a tidal navigable stream. In some
states the boundary is high-water mark; in other states low-water. In
both cases the riparian owner, so-called, may erect a wharf extending
from his land subject to public control. The boundary of a natural
pond or lake, either in its natural state or raised artificially, is
low-water mark. Nor is the law changed by the conversion of a fresh
water pond into a salt pond by the hand of man. The boundary to an
artificial pond is through the center.
The title to the bed of all lakes, ponds, and navigable rivers to the
ordinary high-water mark is vested in the states. Thus the people who
live around them may enjoy the waters the same as others enjoy tidal
waters. Nor is the state title affected by any manipulation of the
land above the surface of the water.
The same rules of law apply to land situated along public highways. If
a deed should bound the land "by or along a highway," it would include
the land to the center; only words of clearly intending exclusion have
a different effect. If a deed should say "by the side" of a highway,
it might be excluded and it might not, the courts do not agree. All
agree that the intention of the parties should govern, but differ as
to intention expressed in the words they have used. The law is full of
such difficulties. If a highway is abandoned, the adjoining owners can
extend their lines to the center, unless one of them can prove that he
is entitled to more than one half.
In investigating the title to
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