Final answer:
When interpreting land descriptions, courts use rules such as the call of the grant, junior/senior rights, proportionality, the doctrine of acquiescence, preference for natural landmarks, and monuments over distances and directions to ensure clear and enforceable property descriptions.
Step-by-step explanation:
Courts use various rules of construction when interpreting land descriptions to resolve disputes over property boundaries and to ensure that property descriptions are clear and enforceable. Here are six foundational rules often referenced in these interpretations:
- The call of the grant rule where courts give most importance to specific landmarks mentioned in title deeds.
- Junior/senior rights, which prioritize the claims of the 'senior' (earlier) deed over the 'junior' (later) ones.
- Proportionality, which adjusts the boundaries if a parcel of land described in a deed does not exactly match the actual size of the land.
- The doctrine of acquiescence, which suggests that long-standing, recognized boundaries can become official over time.
- The rule that favors natural landmarks over artificial ones in determining boundaries.
- Preference for monuments over distances and directions, when there is a conflict in the description.
Such rules come into play in circumstances where metes and bounds are used, or when the physical or legal context of land has changed over time. This might involve reference to features like accessory buildings, building setbacks, and other landmarks referenced in historical documents such as the Ordinance of 1784 and the Ordinance of 1785.