Duhaime's Law Dictionary


Boundary Definition:

An imaginary line which marks the limits of two adjacent pieces of real property.

From Halsbury's 4th edition (2002) of the Laws of England, Volume 4(1), Boundaries:

"A boundary is an imaginary line which marks the confines or line of division of two contiguous parcels of land...."

Jowitt's Dictionary of English Law:

"... the utmost limit of lands, whereby the same are known and ascertained; the imaginary line which divides two pieces of land from one another.

"The line is generally, but not necessarily, marked or indicated on the surface of the land by a wall, fence, ditch or other object."

One Canadian author wrote:

"A boundary is the invisible line of division between two contiguous parcels of land.

"Boundary also means a physical object that serves as a limit of property, natural, as in the case of waters, or artificial or man-made, as in the case of party walls, fences and survey monuments.

"Boundaries may originate, be fixed or be varied by statutory authority, by proved acts of the respective owners (such as by plans and deeds, possession, estoppel or agreement), or by the courts exercising statutory or inherent jurisdiction.

"Their position is a matter of evidence and, in certain instances, of the application of legal presumptions, which for boundaries would all appear to be rebuttable presumptions."1

Boundaries can be natural (such as a river) or artificial (determined by man).

A boundary line for land can be horizontal or vertical (cuius est solum, ejus est usque ad caelum).

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