BOUNDARY. Any separation, natural or artificial, which marks the confines or line of two contiguous estates. 3 Toullier, n. 171.
The term is applied to include the objects placed or existing at the angles of the bounding lines, as well as those which extend along the lines of sepa ration.
A natural boundary is a natural object re 'staining where it was placed by nature.
A river or stream is a natural boundary, and the centre of the scream is the line. 12 Johns. N. Y. 252; 20 id. 91; 6 Cow. N. Y. 579; 1 Rand. Va.417; 3 id. 33; 4 Pick. Mass. 268; 1 Heist. N. J. 1; 4 Mas. C. Q. 349; 9 N.E. 461; 1 Tayl. N. C. 136; 11 Miss. 366; 5 Harr. & J. Md. 195; 245, And see 2 Conn. 481; 17 Johns. N. Y. 195; 4 EL 510; 3 Ohio 495; 4 Pick. Mass. 199; 14 Serg. & R. Penn. 71; 11 Ala. 4436; 4 Mo. 343; 1 M'Cord, So. C. 580 ; 11 Ohio, 138. As to the rule where a pond is the boundary, see 13 Pick. Mass. 261; 9 N. H. 461; 10 Me. 224; 13 id.198; 16 id. 257; where the seashore, ere 2 Johns. N. Y. 36,2; 5 Gray, Mese. 325; 13 id.
254.
An artificial boundary is one erected by man.
The ownership, in OW of such boundaries, must, of own, turn mainly upon circumstances peculiar to each ease, 5 Taunt, 20; 3 id. 138; 8 Barnew. & C. 259; generally extending to the centre. 4 Hill, W. Y.309; 6 Conn. 471. A tree standing directly on the line is the joint property of both proprietors, 12 N. H. 454; otherwise, where it only srands so near that the roots penetrate. 1 Mood. & M. 112; 2 Rolle, 141 ; 4 Greenleaf, By. 617. Land bounded on a highway, extends to the centre, though a pri vate street, 8 Cush. Mass. 595 ; 1 Sandf. N. Y. 323, 344; unless the description excludes the highway. 15 Johns. N. Y. 454; 11 Conn. 60; 1 All. MasS. L43 ; 2 Washburn, Real Prop. 635.
2. Boundaries are frequently denoted by monuments fixed at the angles. In such case
the connecting lines are always presumed to be straight, unless described to be otherwise. 16 Pick. Mass. 235; 6 T. B. Monr. Ky. 179; 3 Ohio, 382; 1 McLane, C. C. 519; 2 Washburn, Real Prop. 632.
The following is the order of marshalling boundaries : first, the highest regard is had to natural boundaries; second, to lines actually run and corners marked at the time of the grant; third., if the lines and courses of an adjoining tract are called for, the lines will be extended, if they are sufficiently esta• blished, and no other departure from the deed is required, preference being given to marked lines; fourth, to courses and distances. 1 Greenleaf, Ev. 301, n. See 3 Morph. So. C. 82 ; 4 Hen, & M. Va, 125 ; 6 Wheat. 582; 8 Me. 61 ; 1 McLean, C. C. 518; 3 Rob. La. 171.
3. Parol evidence is often admissible to identify and ascertain the locality of monu ments called for by a description, 13 Pick. Mass. 267 19 id. 445 ; and where the descrip tion is ambiguous, the practical construction given by the parties may be shown. 1 Mete. Mass. 378 ; 7 Pick. Mass. 274, Common repu tation may be admitted to identify monu ments, especially if of a public or quasi public nature. 2 Washburn, Real Prop..636; 1 Greenleaf, Ev, 145; 1 Hawks, Tenn. 116; 1 McLean, C. C. 45, 518; 10 N. H. 43; 4 id. 214; 2 A. K. Marsh, Ky. 158; 9 Dan. Ky. 322, 465 ; 1 Dev. No. C. 39,0; 6 Pet. 341; 8 Leigh, Va. 697 ; 3 Ohio, 282. And see 3 Dev. & B. No. C. 49 ; 10 Serg. & R. Penn. 281; 10 Johns. N. Y. 377; 12 Pick. Mass. 532; 7 Gray, Mass. 174; 5, Ell. & B. 166; 6 Litt. Ky. Consult 2 Washburn, Real Prop. 630-638; 1 Greenleaf; Ev. 145, 301; 4 Bouvier, Inst. n. 3923.