Opinions wanted...

Need more info, what does the neighbor deed say and how is the chain of title handled.?ÿ

Posted by: MightyMoe

Need more info, what does the neighbor deed say and how is the chain of title handled.?ÿ

Sorry, looking for opinions based solely on the info provided.?ÿ?ÿ

Nicely ambiguous with the initial call to the bank of the brook then the along which I would generally think would run by CL.?ÿ Actual depends on the locale and the other deeds.?ÿ Is this the original description??ÿ If not then a back title search may help with a language change from the title origin.?ÿ

Not exactly the same question but some good discussion on "along" vs "on" can be found:

https://surveyorconnect.com/community/surveying-geomatics/along-vs-on/

It goes to the bank of the brook... pretty clear... then along the brook to a stake. The stake most likely?ÿisn't/wasn't in the center of the brook. I'd say title runs to the bank of the brook.

I think the opposite.?ÿ Unless it specifically excludes the fee in the brook, it's to the CL.?ÿ "Along the brook" trumps "bank".

But results in your state may vary.

I agree with Dave. There is nothing here to indicate that the brook was included. Now that said, wheres the fencing??ÿ

Arkansas:

ƒ??a deed containing a call to a bank conveys title to the center of the waterway, unless there is a specific reservation of the bed by the grantor or a clear manifestation of such intentƒ??

?ÿ

NILSSON v LATIMER, 664 S.W.2d 447 (1984), 281 Ark. 325

https://scholar.google.com/scholar_case?case=984372553368531368&hl=en&as_sdt=1006

?ÿ

CRUM v CRAIG, 379 S.W.3d 71, 2010 Ark. App. 351

https://scholar.google.com/scholar_case?case=15374237226570350126&q=crum+v+craig&hl=en&as_sdt=1006

It all depends on how the common law and statute law has evolved in your state. In Massachusetts, the common law rule evolved so that the call for the bank would be sufficient to limit the title. Sometime last century a statute was passed similar to Arkansas that superseded the common law rule, and now states that title passes to the center line unless "... by an express exception or reservation and not alone by bounding by a side line."

Forced into a vacuum with only the deed wording in the original post, No, title does not go to the CL of the brook. If intent of author of deed was CL, he could have easily called it out. Instead he chose to call out the bank of the brook and limit his distance NWly along that bank to an approximate distance marked at the end by a stake. Definitions of "along the brook", state statutes, court rulings, adjoining deed calls, and any other info outside of the self imposed limit of 1 single deed wording, certainly would influence and possibly change my interpretation that title does not carry to the CL.

Yes, if the grantor had it to convey. Even before the most recent high court ruling, this wording would carry to cl because it touches the monument.?ÿ NY court has done away with trying to make distinctions based on language like this.?ÿ Now, if it's "near" water and grantor had title to give it goes to cl or as far as grantor owned.?ÿ Unless the nature of the conveyance is contrary to that (such as a piece of land for mill purposes), or there is very specific reservation.

I believe the answer depends upon what is called for at the end of that .....

Be it to terminate at a stake, the boundary is along the bank.

I thought it went to the center if it was a non-navigable.

1973

Derelict fee statute to make things easier...

In general a call to the bank will include the riparian right. How that works will depend on the State, status of the water body and possibly the time title was created...

The bank in the absence of other evidence, but if the adjoiners deeds are to centerline I could easily be swayed

Steve

It is next to impossible, to answer your question, based solely on the snippet from a deed. As you can see, those have answered have swayed in both directions; and this is from seasoned professionals. A clear and concise opinion needs to come from all of the available evidence...

based soley on what you wrote, i would be inclined to say no. it stops at the bank and then "along" the river which to me means parallel thereto

There is a clear call to the top of the bank. I don't see how that could be interpreted as to the centerline of brook. The intent couldn't be more specific. I'd read the word "along" to mean following close by, next to. The call to the stake at the other end is also informative, is the brook running all year long? If so, it would seem very odd that a stake would be set underwater. If the adjoining deed simply calls to the center of brook, you may have a more complex situation.?ÿ

I could no more render a professional opinion on the intent of that description than I could any boundary based on my recovering just?ÿone corner.