§ 2077.Real estate descriptions; rules for construing

This section only comes into play as a last resort. It applies when the words describing land in a deed are doubtful, and nothing else in the record, no other circumstance or piece of evidence, settles what the parties meant. It is not a rule that overrides clear language; it is a tie-breaker for the cases where the description itself leaves real uncertainty.

Three of the six rules work together to favor what can be fixed and verified over what was merely calculated. Where a description mixes definite, ascertained details with others that are vague, unknown, or wrong, the definite details control and the conveyance survives (rule one). Where a permanent, visible boundary or monument conflicts with a stated measurement, the monument wins (rule two). And among conflicting measurements, angles outrank surface or area figures, while lines outrank both (rule three), so what was staked and walked on the ground beats what was only computed on paper.

The remaining three rules handle specific boundary types. A non-navigable road or stream used as a boundary carries the grantor’s rights to the middle of the road or the center of the stream, unless someone else holds separate title to it (rule four). Tidewater as a boundary carries the grantor’s rights to the ordinary high-water mark, while a non-tidal navigable lake carries rights to the low-water mark (rule five). And a reference to a map controls over other inconsistent details only if the parties relied on that map in making the deal; otherwise, the map gives way to the other definite, ascertained particulars in the description (rule six).