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JPH
 JPH
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February 13, 2018 6:07 am  

Had someone tell me the other day that he was told years ago not to use the word, "along", in descriptions.  Said he was told to use, "by", instead.

I understand exclusionary terms, but how is, "along", substantially different than, "by".

 

Thence N 42°31'12" E, a distance of 32.92', along a stonewall and land now or formerly of Smith;

vs

Thence N 42°31'12" E, a distance of 32.92', by a stonewall and land now or formerly of Smith;


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vern
 vern
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February 13, 2018 6:30 am  

To me, along would imply to follow the wall leaving it up to interpretation of what the wall does. That could mean anywhere from zero to 3,292 angle points. By would imply one straight line somewhere along the wall 😀 (see what I did there?

.., it is far more important to have a somewhat faulty measurement of the spot where the line truly exists than it is to have an extremely accurate measurement to a place where the line does not exist at all. (A.C.Mulford)


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James Fleming
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February 13, 2018 6:30 am  

Per Don Wilson's "Interpreting Land Records":

  • Along: When used in a description means "by, on or over" according to the subject manor and content. Church v Meeker, 34 Conn. 421 (1867)
  • By: Bounding on one piece of land 'by' another piece, whether such other by long or narrow, or in any other form, locates the line at the edge...of the adjoining premises. Woodman v. Spencer, 54 N.H. 507 (1874) 

A quick look through some other references seems to indicate a tendency for "by" when calling to lines or adjoining deeds and "along" for natural and physical objects.  But the contrary can always be shown; and, as always, the correct interpretation isn't in a general rule, but in the individual context of the specific usage.    

“Civilization is not an endless succession of inventions and discoveries, but the task of ensuring that certain things last.”
— Nicolás Gómez Dávila


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James Fleming
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February 13, 2018 6:51 am  
Posted by: James Fleming

according to the subject manor

 

 

The "subject manor", of course, being the manor that the subject lives in  🤔 

“Civilization is not an endless succession of inventions and discoveries, but the task of ensuring that certain things last.”
— Nicolás Gómez Dávila


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Jered McGrath PLS
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February 13, 2018 8:26 am  

Wattles Writing legal descriptions, Section 3.7 and 3.8.

Basically "it depends" on how it is used.

“It is the mark of an educated man to be able to entertain a thought without accepting it”. Paraphrased by Others.
Jered McGrath PLS (OR, WA, CA) http://www.linkedin.com/in/jeredmcgrathpls


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JPH
 JPH
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February 13, 2018 9:11 am  
Posted by: James Fleming

Per Don Wilson's "Interpreting Land Records":

  • Along: When used in a description means "by, on or over" according to the subject manor and content. Church v Meeker, 34 Conn. 421 (1867)
  • By: Bounding on one piece of land 'by' another piece, whether such other by long or narrow, or in any other form, locates the line at the edge...of the adjoining premises. Woodman v. Spencer, 54 N.H. 507 (1874) 

A quick look through some other references seems to indicate a tendency for "by" when calling to lines or adjoining deeds and "along" for natural and physical objects.  But the contrary can always be shown; and, as always, the correct interpretation isn't in a general rule, but in the individual context of the specific usage.    

So along means by.

Well, that clears things up.


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James Fleming
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February 13, 2018 9:29 am  

Well, that clears things up.

Always glad to help

“Civilization is not an endless succession of inventions and discoveries, but the task of ensuring that certain things last.”
— Nicolás Gómez Dávila


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BrandonA
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February 19, 2018 12:29 pm  

Per Ken Gold, Along: Lengthwise of, implying motion ror at or near distinguished from across. By on, up to, or over, according to the subject matter and context. The term does not necessarily mean touching at all points; nor does it necessarily imply contact. "Along a line" means on and in the direction of the line. "Along the road" means along the centerline or thread of the road unless qualified as, for example, "Along the east side line of the road." "Along a line" may be changing in direction by curves or angles. Avoid "with a lien","by a line", or "on a line" where "along a line" is meant. The term "along may mean "on"; thus "along" the shore means "on" the shore and includes the shore.

 

Converseley, he describes "with" as: A word denoting a relation of proximity, contiguity, or association.

 

In practice I always go "along" a fence since I am not necessarily touching the fence. I go "with" an adjoining line as to not leave any "gaps." I am undecided on whether I should use "along" or "with" the center line of a stream as "along" could indicate that I dont necessarily want to move in continuity with the stream (which I do), but "with" could indicate that I have located the stream exactly (which I haven't). In general I think I prefer with the stream in hopes whoever interprets my description in 100 years will read it the way I wanted them to and understand the line moves with the stream, but this is why lawyers stay employed.


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Andy J
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February 20, 2018 5:50 am  

In my mind, "by" seems more nebulous than "along".     

 

"Where is my property corner?"           It's over by the power pole, silly!


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Andy J
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February 20, 2018 5:50 am  

In my mind, "by" seems more nebulous than "along".     

 

"Where is my property corner?"           It's over by the power pole, silly!


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Tom Adams
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February 20, 2018 9:19 am  
Posted by: James Fleming
Posted by: James Fleming

according to the subject manor

 

 

The "subject manor", of course, being the manor that the subject lives in  🤔 

Mind your manners

 


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Tom Adams
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February 20, 2018 9:20 am  

If you are abutting a highway corridor, I understand you should use the phrase "by the way".

 


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Dave Karoly
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February 20, 2018 12:08 pm  

11 C.J.S. Boundaries § 8:

A number of words and terms involved in the designation of boundaries have been judicially defined or construed.
The words “to,” “from,” “by,” “on,” and “between,” when used in a description of boundaries, are to be understood as terms of exclusion, unless there is something in the connection which makes it manifest that they were used in a different sense. 1

“Along.”
“Along,” when used in the description in a deed, means by, on, or over, according to the subject matter and context. 2

“Bounds.”
“Bounds” means the legal, imaginary line by which different parcels of land are divided. 3

Footnotes:

1 La.—Buckley v. Thibodeaux, 163 So. 172 (La. Ct. App. 1st Cir. 1935).
Me.—Littlefield v. Hubbard, 120 Me. 226, 113 A. 304 (1921).
Vt.—Church v. Stiles, 59 Vt. 642, 10 A. 674 (1887).
2 Conn.—Church v. Meeker, 34 Conn. 421, 1867 WL 973 (1867).
3 N.Y.—Walton v. Tifft, 14 Barb. 216, 1852 WL 5299 (N.Y. Gen. Term 1852).

Edited: 3 months  ago

While we are on the subject of hard work, I just wanted to tell you that I am a man who likes hard work.
I was born working and I worked my way up by hard work.
I ain't ever got no where, but I got there by hard work.
Work of the hardest kind.
I been down and I been out
I been disgusted I been busted and I couldn't be trusted.
-Talking Hard Work, Woody Guthrie


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