BOUNDED BY A MONUMENT STANDING ON

2 definitions found across Law Mind sources

BOUNDED BY A MONUMENT STANDING ONAuthored
The Law Mind • 850 words
Definition
A descriptive phrase used in deeds and grants to establish a boundary line by reference to a physical monument — a fixed, tangible object — that is located at or upon a particular point, feature, or adjoining parcel. When a deed recites that land is "bounded by a monument standing on" a river bank, road edge, neighbor's line, or similar feature, it signals that the survey or conveyance relies on a visible marker placed at that location to define the extent of the grant. The phrase belongs to the broader law of boundary description, where courts give priority to monuments over courses and distances when conflicts arise. The monument controls because it is the most concrete and least error-prone evidence of where the parties intended the line to fall.
Common Confusion
This phrase is sometimes conflated with descriptions running "to" a monument or "along" a monument, but the distinction matters. "Bounded by a monument standing on" a feature describes the monument as the definitional marker at that location. Descriptions running "to" a point or "along" a line may or may not involve a physical monument and carry different rules of construction when the monument cannot be found or has moved.
Why It Matters in Research
This phrase is not a standalone term of art so much as a formula embedded in the larger cluster of boundary-description language that dominated American conveyancing from the colonial period through the late nineteenth century. Researchers encounter it most frequently in: 1. Disputes over riparian grants. The Rapalje & Lawrence entry groups this phrase with closely related formulations — "bounded by a river," "bounded by the bank of a river," "bounded by the river" — that were litigated extensively in New York and New England courts through the early 1800s. Each phrasing carried different consequences for whether the grantee took title to the thread of the stream, to the water's edge, or only to the upland. A monument "standing on" the bank, as opposed to a description running "to" or "along" the river, could determine whether riparian rights, fishery rights, and subsurface soil beneath the water passed with the deed. 2. Monument-versus-course conflicts. When a surveyor's calls and a physical marker disagree, courts must choose which controls. Finding that the deed says "bounded by a monument standing on" a particular feature helps establish whether the monument was intended as the definitive boundary marker or merely a reference point. 3. Historical deed searches. Land records from New York, Massachusetts, and Maine — the jurisdictions most directly reflected in the Rapalje & Lawrence sources — use this formula in original grants and early fee-simple conveyances. Researchers tracing chain of title in those states should flag every variation in boundary language, because courts treated "by the bank," "by the river," and "by a monument on the bank" as legally distinct. 4. Corpus connections. This entry sits at the intersection of deed construction, riparian law, and the law of monuments. Research in any of these areas may require moving between entries in this dictionary cluster.
Historical Dictionary Support
Rapalje & Lawrence treat this phrase as part of a grouped set of boundary-description entries organized around the word "bounded." The dictionary's structure is instructive: entries for "bounded by a river," "bounded by the bank of a river," "bounded by the river," and "bounded by a monument standing on" are gathered in sequence, each pointing to distinct case authority. This grouping reflects the reality that nineteenth-century courts were working out fine distinctions among these formulas case by case, and that no single phrase swept the field. The cited authorities — Wheaton's American Common Law, New York Wendell and Cowen reporters, Greenleaf's Maine Reports, and Massachusetts Reports — confirm that the litigation was concentrated in the northeastern states where early land grants along navigable and non-navigable waters generated the most boundary conflict. Griffith's Law Register references to "carries right of soil and fishery" indicate that the practical stakes were not merely geometric: they included valuable property rights in water access and fishing that depended entirely on how the boundary phrase was read. The Rapalje & Lawrence entry is incomplete as printed — the text breaks off mid-citation — which is a known feature of that dictionary's treatment of grouped entries. Researchers should not assume the entry exhausts the case law; the cited reporters should be consulted directly.
Jurisdictional Note
The source material is weighted toward New York and New England, where early land grants along watercourses generated the densest case law. Southern and western states developed somewhat different conventions for monument-based boundary description, and the rule that monuments control over courses and distances — while broadly accepted — was applied with varying rigor depending on the type of monument and the character of the survey.
Related Terms
Bounded by a River; Bounded by the Bank of a River; Bounded by the River; Monument (in surveying and conveyancing); Call (deed description); Course and Distance; Riparian Rights; Fishery Rights; Deed Construction; Chain of Title; Grant
BOUNDED BY A MONUMENT STANDING ONmain
Rapalje & Lawrence • 1888
THE BANK OF A RIVER, (in description in deed). 24 Wend. (Ν. Υ.) 451. BOUNDED BY A RIVER, (lands granted as). Wheel. Am. C. L. 498. BOUNDED BY THE BANK OF A RIVER, grant of land). 6 Cow. (N. Y.) 549. BOUNDED BY THE RIVER, (in a deed). Greenl. (Me.) 474; 14 Mass. 149; 17 Id. 289. (in a grant). 6 Cow. (N. Y.) 546. (carries right of soil and fishery). Grif. L. Reg. 1286, 1295. a (in (in a grant). 2 Wheel. Am. C. L. 495. (owner may protect land from inroad of the sea). 1 Chit. Gen. Pr. 199; 1 Barn. & Ad. 874, 878. (owner bound to repair sea-wall). 1 Barn. & C. 477. (may take shingle from sea-beach to repair road). 2 Barn. & Ad. 236. (in absence of proof of ownership soil presumed to belong to owner of adjoining estate). 3 Barn. & Ad. 863. BOUNDED ON TIDE-WATER, (grant of land). 3 Paige (N. Y.) 313. BOUNDED TO THE BANK OF A RIVER, (in a deed). 1 Halst. (N. J.) 65. (right to waters). Ang. Waterc. 7. BOUNDED TO THE RIVER, (in a deed). 3 Hawks (N. C.) 21. BOUNDED UPON STREETS, (conveyance of lots). 11 Wend. (N. Y.) 491. BOUNDS.-In the English law of mines, the trespass committed by a person who excavates minerals underground beyond the boundary of his land is called "working out of bounds." The person on whose land the trespass is com mitted may bring an action for damages in one or an action in the chancery division for an inof the common law divisions of the high court, junction, and an account of the minerals taken, in which case he may obtain an inspection. Bain. M. & M. 506. See BOUNDARIES, 24; BAR-

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