Every time I see the term "either side" of centerline referred to in a strip description, or survey, i'm bothered by it.
Example: A strip of land, being 30.00 feet on either side of centerline.
Technically that is a 30 foot wide strip that could be on one side or the other of centerline, By definition "either side" would indicate one side, or the other, but not both sides. Usually that is interpreted as a 60 foot wide strip, but to me the term just adds an element of confusion.
For clarity, I state the total width and the distance on "both sides" or "each side" of centerline.
Recent thread covered that topic, and those who thought the distinction was important did seem to agree with you.
https://surveyorconnect.com/community/threads/a-word-i-despise-centerline.329048
I use the term "both sides of a centerline" and have for years. Although probably not grammatically correct I see hundreds of existing documents a year that reference "either side". I don't really have a problem with descriptions written in that manner. I believe when the rights were granted in such a way as "A 15.00 feet wide easement being 7.50 feet either side of the following described centerline..." the nature and width of the easement is apparent.
I was listening to a speaker at a seminar a few years ago that was very vocal about avoiding "either side" and utilizing "both sides". He even made the remark about several lawsuits that hinged on the ambiguous use of "either". I questioned the speaker at the break and asked if he could be more specific about the lawsuits. He was unable to cite any specific litigation. My personal opinion is suits of that nature are rare as hen's teeth.
It looks like it is settled case law that the courts acknowledge that "either" can be construed to mean "each" in this context.
Chidester v. Springfield & Illinois Southeastern Railway Co., 59 111. 87
I don't have my Black's Law Dictionary with me at the moment, but surely "either" is in it? I used to have a pocket version of Black's but my pockets kept tearing off and I lost it one day.
"Being a Red Human Hair, 0.002 of an inch in width and being 0.001 of an inch either side of the centerline" :scream:
paden cash, post: 404989, member: 20 wrote: I use the term "both sides of a centerline" and have for years. Although probably not grammatically correct I see hundreds of existing documents a year that reference "either side". I don't really have a problem with descriptions written in that manner. I believe when the rights were granted in such a way as "A 15.00 feet wide easement being 7.50 feet either side of the following described centerline..." the nature and width of the easement is apparent.
I was listening to a speaker at a seminar a few years ago that was very vocal about avoiding "either side" and utilizing "both sides". He even made the remark about several lawsuits that hinged on the ambiguous use of "either". I questioned the speaker at the break and asked if he could be more specific about the lawsuits. He was unable to cite any specific litigation. My personal opinion is suits of that nature are rare as hen's teeth.
Seems to be the "go to" phrase for most seminar people. Always have to exaggerate the seriousness of their topic to show how you would be screwed if you hadn't attended the seminar to gain this one small insight that would have otherwise landed you in a lawsuit that would have cost everything you ever owned or wanted to own in the future. Makes it hard to go to seminars and listen sometimes.
Gary Hickman, post: 404956, member: 8049 wrote: Every time I see the term "either side" of centerline referred to in a strip description, or survey, i'm bothered by it.
Example: A strip of land, being 30.00 feet on either side of centerline.
Technically that is a 30 foot wide strip that could be on one side or the other of centerline, By definition "either side" would indicate one side, or the other, but not both sides. Usually that is interpreted as a 60 foot wide strip, but to me the term just adds an element of confusion.
For clarity, I state the total width and the distance on "both sides" or "each side" of centerline.
Wattles states in his book, Writing Legal Descriptions, to use Each Side and Do Not Use Either Side.
It's a pet-peeve of mine, people saying/writing, "either", when they mean, "each".
This is how I would describe it. "A 30 foot easement 15Ûª on each side of, as measured at right angles to, and parallel with the following described centerline.
Easement extremities shall be shortened or lengthened accordingly at the initial and/or terminal points of the described centerline."
I was taught to never use "either" for centerline descriptions and so I do not. Having said that, if an easement is 30' wide and 15' on either side of the described centerline, it seems that context would force the other 15' to be on the opposite side because the easement has been defined as "30' wide". It doesn't quite reach "pet-peeve" level for me I suppose. Just contradicts standing traditions.
I don't use either or each. "Being a 30 foot wide road easement, 1200 feet in length over and across .... The centerline being described as follows:
It's just my opinion that the subject is just splitting hairs (red hairs) but that is what lawyers do.
James
I like that James. Simple is good. Kind of redundant to say you're describing the centerline of an easement that's 30 feet wide... and oh, by the way, that means you have 15 feet on this side AND, get this, 15 feet on the other side. Just in case you're too stupid to do division and furthermore too stupid to know that after you divided the number by 2 that you will need to put the result on the left side of the line and then again on the right side of the line.
If I'm retracing a boundary where the legal description used the term "either", I'm still going to use "both" sides, but I agree with all of the above.FL/Ga has a good point about extending or truncating the sidelines @ angle points since the outside angle would be farther than the prescribed "15 feet". You could potentially have an arc on the outside angle holding @ 15' from the centerline angle point and be more correct in retracing a description without the extension of sidelines caveat.
But, frankly, I've never written a strip description. They're just fun to talk about (being the survey nerd that I am)
Andy Nold, post: 404994, member: 7 wrote: It looks like it is settled case law that the courts acknowledge that "either" can be construed to mean "each" in this context.
Chidester v. Springfield & Illinois Southeastern Railway Co., 59 111. 87
I don't have my Black's Law Dictionary with me at the moment, but surely "either" is in it? I used to have a pocket version of Black's but my pockets kept tearing off and I lost it one day.
Black's says it means "Each of two." I don't quite comprehend that definition.
Merriam-Webster says it is an exclusive word, as in::
- You may take either road.
- You may choose either answer.
- Either way is all right with me.
Can't recall ever seeing either side, I've always used each side.
I assume if you call out the total width it should take away the confusion, but it's poor grammar to use either in this context.
