Anybody know the definition of a Conditional Line. I've come across this term in older deed descriptions, but there is no condition given, e.g. thence northerly along a conditional line made by Smith and Long to a pine on top of the ridge.
Conditional line - An agreed line between neighbors that has not been surveyed, or which has been surveyed but not yet granted.
Mike, I've run across goofy stuff like that back in my MI days. Old deed written by farmers and other lay people, including assessors trying to "help" people.
I tended to treat it as somewhat of an occupational data gathering project, as opposed to trying to follow an ambiguous and indefinite deed. Never fun but always fun, if that makes any sense. Get your surveyor hat on and enjoy.
And being the devils advocate, how many other surveyors in your area are going to dispute anything you propose and present as evidence to back your opinion. Likely none.
Good luck
That's the way I have been treating it. Generally follows a fence line, hollow, ridge or whatever.
Thanks
:good: :good:
I would be careful in assuming that the word does not have additional meaning, especially if the deed was written by an attorney.
Per Blacks Law Dictionary, "Condition" has numerous legal definitions and I am not one to fully comprehend all of the terminology involved. However it appears that land may be conveyed through an "estate of condition", where as the estate can commence, be enlarged, or be defeated upon performance or breach of certain conditions.
I suppose certain limits of that conveyance could be considered "conditional lines", if they are subject to changing.
EDIT:
Future Interest
Reading through the different types of future interest, I could come up with all kinds of conditional lines, subject to change, that someone might want marked when estates are settled. I don't know how common something like this would actually be, but it gets you thinking.
This is probably the more likely definition...
"An agreed line between neighbors that has not been surveyed, or which has been surveyed but not yet granted."
A quick google of BOUNDARIES "CONDITIONAL LINE" turned up this link to a discussion:
I would like to read Perkins VS. Gay to see examples of a "provisional" common line agreements.
> I would like to read Perkins VS. Gay to see examples of a "provisional" common line agreements.
It's a bit amazing how much boundary litigation Pennsylvania has produced, presumably mostly involving valuable minerals.
Let me know if you run across that case. I did a quick search and only came up with cites to the case. It also does not help that the guy's name was gay. 😉
It appears that conditional lines were fairly common back in the early days, especially between large land owners.
I also found considerable references to the case, which has to be a very early one. The general topic appears to be "Consentable Boundaries".