2.16 Boundaries

2.16.1

In General

A boundary is every separation, natural or artificial, which marks the confines or line of division of two contiguous parcels of land.

2.16.2

Establishment

The boundaries of any property are generally established by:

  • The boundaries of adjoiners.

  • Metes and bounds.

  • Natural objects or monuments.

  • Artificial objects or monuments.

  • Reference to recorded subdivision map or recorded plat.

  • Reference to recorded instruments.

  • Street address.

Note: We generally do not rely on the street address as an adequate basis for insuring purposes. The Short Form Mortgagee Policy T-2R adopted for use 4-4-02 does not use a legal description of the land, but insures the property address as shown on the deed of trust and provided by the lender.

2.16.3

Importance Of The Boundaries From The Title Insurance Point Of View

As a basis for insurable legal descriptions

In this respect, the boundaries of the property must be:

  • Definite

  • Identifiable

  • Locatable

As a reminder that certain exceptions need to be shown in regard to the quality or location of said boundaries:

The following boundary issues require additional treatment and are discussed elsewhere in this manual. For detailed discussion reference:

  • Alleys

  • Boundaries established by recorded agreements

  • Cemeteries established by recorded agreements

  • Highways, roads, and streets

  • Monuments: Natural and artificial

  • Party walls

  • Plats of subdivisions

  • Railroad rights-of-way

  • Vacated alleys and streets

  • Water boundaries:

    • Bayous

    • Bays

    • Lakes (private)

    • Lakes (public)

    • Oceans

    • Rivers (navigable)

    • Rivers (nonnavigable)

    • Sloughs

As a source of additional title insurance problems in connection with:

  • Access

  • Accretions

  • Avulsions

  • Boundary line disputes

  • Contiguity Insurance (survey required)

  • Encroachments

  • Gaps

  • Overlaps

  • Relictions

2.16.4

Contiguity Endorsements

When property is acquired in multiple tracts, it is often important for owners and lenders to know that each of the tracts is contiguous (touch).  In some cases they will frequently request a Contiguity Endorsement.  See Section 15.52.56 for more information.