Notifications
Clear all

Opinions wanted...

81 Posts
30 Users
0 Reactions
10 Views
(@dave-karoly)
Posts: 12001
 
Posted by: Hack

Dave Karoly you usually are quick with the legal references. What is your take on distance by straight line or meandering? Like I said previously the local practice here is to measure along the meander but with a serpentine brook the difference can be significant.

If I had a Deed that intersected a creek or street with a distance to a point of intersection of the next sideline departing from the creek or street then I would look for superior evidence of that sideline and use the distance along the creek or street as a check to support that I'm at the correct sideline.

It can be tough to find legal citations on specific fact questions because that isn't what they are for, typically.?ÿ No Court is going to pronounce that the rule is a distance along a creek is always a straight line or always meandering, it's a question of fact unique to each case.?ÿ Old cases may provide some guidance in the reasoning to be used when picking one over the other.

 
Posted : 05/12/2018 6:41 am
Page 5 / 5