The uncertainty of certain boundaries
Date of this Version
Boundaries are often assumed to be more or less certain based upon lines drawn on a survey plan. This assumption is insecure especially when dealing with water boundaries. The doctrines of erosion and accretion introduce into the law considerable uncertainty in ascertaining the true boundary of a parcel of land at any point in time. The resolution of this question often involves reference to complex legal, survey, historical and hydrological evidence. This uncertainty can also apply to some non-natural boundaries where undetected survey errors may result in loss to landowners while not always giving a corresponding entitlement to recover compensation.