6o2 LEGAL DEPARTMENT. 



high-water mark. Where land is bounded by a highway or street, 

 where the State or municipality does not own the bed of the road and 

 the description in the deed is "bounded on," "running along," 

 "boundedby the highway, "and the like, the boundary line is the center 

 of the highway. If the land is described as bounded by the side of the 

 street, or if there are other words in the description indicating an 

 intent to exclude the soil of the street, then the near edge of the road- 

 way will be the boundary. If a highway is referred to as the boundary, 

 the actual line, as the road is laid out, will be taken as the true line of 

 the street. 



Where the boundary lines are made certain, they control the distance, 

 directions and contents of the piece of land, unless there are discrepan- 

 cies in the deed so great as to show fraud on one part or the other, or 

 mistake. Parol evidence cannot be given to contradict a deed. 



At the close of the description it is usual to add " be the same more 

 or less," which is intended to protect the grantor in case the land con- 

 veyed should be less than the quantity specified, but this will be no 

 protection where fraud or mistake can be shown with reference to the 

 quantity of land intended to be conveyed. 



In the State of New York it is provided by statute that where two or 

 more persons have land adjoining, each of them shall make and main- 

 tain an equal proportion of the division fence between them. In all 

 cases where such adjoining land shall be cleared or improved, or where 

 each of the said adjoining lands shall border upon any of the navigable 

 lakes, streams or rivers within this State, it is made the duty of the 

 owners thereof to maintain the division fence down to the line of the 

 low-water mark in such lakes, streams and rivers. And whenever such 

 adjoining lands, one-half or more of which is improved, shall be bounded 

 by or upon either bank of a stream of water, not navigable, the fence- 

 viewers of the town in which the same are situated, shall direct, when 

 required to do so by a party interested, upon which bank of such 

 stream, and where upon such bank, the division fence shall be located, 

 and the portion thereof to be kept and maintained by each of such 

 adjoining owners. 



If any person who is liable to contribute to the erection or repara- 

 tion of a division fence shall neglect or refuse to make and maintain his 

 proportion of such fence, or shall permit the same to be out of repair, 

 he will be liable to pay to the party injured all damages caused thereby, 

 and it is declared that he shall not be allowed to have and maintain any 



