Waterfront Land

[Belial]

In the legal description of "land", is the water itself the boundary? What if i want to build a boat dock? Who owns the water, be it ocean or lake?

[fulltitle]

Without Prejudice.
In any description of land, the land would not necessarily include water save for lakes or man-made ponds. Different jurisdictions have different measurements for distances and meanings of those distances from certain bodies of water.

For starters, look up the term "queens chain" (66 feet if remembered correctly). There might also be a maritime/admiralty factor pertaining to land within so many feet from a river or large lake. Perhaps also see: http://en.wikipedia.org/wiki/Riparian_water_rights.

[Notorial dissent]

Originally Posted by Belial

In the legal description of "land", is the water itself the boundary? What if i want to build a boat dock? Who owns the water, be it ocean or lake?

It will depend upon how your jurisdiction defines boundaries, and what the title to the piece of land you are referring to actually says. Generally, unless the title specifies otherwise, the water line is not the boundary, but whatever point was specified and surveyed. Very old property descriptions may use a stream or water body as a boundary, most modern ones do not. What does the description say?

[Belial]

I was looking to buy land in upper michigan on lake superior. I was also looking to perfect a land patent. Would the original land patent define the water as a boundary?

[Notorial dissent]

It would depend on when the land was settled. Since most of the boundaries will result from the govt survey, it is not likely you find something using water as a boundary. It is not even likely that you will find an historic patent that uses water as a boundary either, the govt survey did not use that measure and the land offices wouldn't issue them that way. There are also no patents to prove up eithey so that is a moot point. The Homestead Acts were repealed at 20 some years ago and once a patent is issued title passes by deed.

[palani]

For etymology of 'deed' see following

benefit (n.) 1377, "good or noble deed," from Anglo-Fr. benfet "well-done," from L. benefactum "good deed" (see benefactor.) Meaning "advantage, profit" first attested 1393. Meaning "performance or entertainment to raise money for some charitable cause" is from 1687. The verb is attested from 1549. Benefice "ecclesiastical living" is from 1340.

So a deed is related to benefit in some way.Let's see, is there any other method by which land might be transferred? Lets examine the following for (1) evidence of a deed (2) description of land boundaries (no water boundaries but use your imagination)

Will dated November 15, 1759
Probated December 18, 1759
Granville County, North Carolina.
_______________
WILL of DANIEL WILLIAMS
GRANVILLE COUNTY, NORTH CAROLINA
[Early Granville wills were filed in Raleigh County, North Carolina]

In the name of God Amen. The Fifteenth day of November One Thousand Seven Hundred and Fifty Nine. I Daniel Williams of Granville County being Sick in Body, But of good and Perfect Memory, Thanks be to God, and calling to Remembrance the uncertain State of the transitory Life, Do make and declare this my last Will and Testament in Manner and Form following. First being Penitent for my Sins most humbly desiring forgiveness for the same, I commend my Soul unto Almighty God and trusting to the Merits of My Blessed Redeemer for the Remission of all my Sins, and my Body I commit to the Earth to be Recently Buried at the discretion of my Executors hereafter mentioned. And for the Setting of my Worldly Estate, I do order give and dispose the same in manner and form following.

Impremis. I lend to My Loving Wife during her natural Life Three Negroes. Viz. Will Sue and Hester. Twelve head of Cattle such as she choose.

Gelding One Black Gelding known by the name of Buck. One Good Feather Bed and Furniture and also all my Household Goods which I do not Give in the after part of this my Last Will and Testament and after her my Loving Wife's Death, the said Negroes Will, Sue and Hester, the said Cattle and the Horses the Bed and Furniture and the House hold Goods I desire may be equally Divided among my Seven Children (Viz.) Merya Goodman, Henry Williams, John Williams, James Williams, Joseph Williams, Mary Mitchell and Daniel Williams each of their equal Shares I give to them their issue and assigns forever.

Item. I Give and Bequeath to My Son in Law Benjamin Goodman his heirs and Assigns forever Two hundred acres of Land being the Land and Plantation where he now Lives Bounded by Trents Line the Ridge path so far as to include the said Two Hundred Acres with a West Line run from said Ridge Path to Capt. Mitchells Line I Give and Bequeath to my Son John Williams Three Hundred and Fifty Acres by Estimation it being the land I purchased of Richard Bullock to him his heirs and Assigns forever.

Item. I Give and Bequeath to my Sons James Williams and Joseph Williams Eight Hundred Acres of Land Lying in Halifax County in Virginia to be equally Divided Between them to their heirs and assigns forever.

Item. I Give and Bequeath to my Son Daniel Williams Four hundred Acres of Land and Plantation where I now Live to him his heirs and Assigns forever.

Item. I Lend to my Daughter Marya Goodman during her natural Life Three Negroes Viz. Major, Jenny and Patt and at her the said Marya Decease I give and Bequeath the said Negroes and their increase to be equally Divided among the issue of the said Marya Goodman to their heirs and assigns forever.

Item. I Give and Bequeath to my Son Henry Williams Two Negroes (Viz.) Amy and Sam also the use of a Mullatto fellow named West Banks to serve to the Age of Twenty One years to him his heirs and assigns forever.

Item. I Give and Bequeath to my son John Williams Three Negroes Viz. Sarah, Davy and Matt to him his heirs and Assigns forever.

item. I Give and Bequeath to my son James Williams Three Negroes (Viz.) Brisher, Lucy and Robin to him his heirs and Assigns forever.

item. I Give and Bequeath to my son Joseph Williams Three Negroes (Viz.) Cupid, Nann and Cate to him his heirs and assigns forever.

Item. I Give and Bequeath to my Daughter Mary Mitchell Four Negroes (Viz.) Sambo, Grace, **** and Rachel to her her heirs and Assigns forever.

Item. I Lend to my Dear and Loving Wife Ursula Williams during her natural Life Six head of Sheep of her choosing also Twelve head of Hogs of her choosing and after her Death to be equally Divided amongst my Seven Children Merya Goodman, Henry Williams, John Williams, James Williams, Joseph Williams, Mary Mitchell and Daniel Williams which said Stock I give to them their Heirs and Assigns forever.

Item. I Give and Bequeath to my Youngest Children Viz. James Williams, Joseph Williams, Mary Mitchell and Daniel Williams all my Stock of Cattle Sheep and Hogs (accepting what is before mentioned) to be equally Divided amongst them to them their heirs and Assigns forever.

Item. I Give and Bequeath to my son James Williams one Horse named Jackone good Feather Bed and Furniture to him his Heirs and Assigns forever.

Item. I Give and Bequeath to my son Joseph Williams one Stallion named Bound and one good Feather Bed and Furniture to him his heirs and Assigns forever.

Item. I Give and Bequeath to my Daughter Mary Mitchell one Horse known by the name of Dart to her her heirs and Assigns forever.

Item. I Give and Bequeath to my son Daniel Williams one Black Horse called Dophin one Black Mare with Fold [sic] known by the name of Bonny and one good Feather Bed and Furniture to him his heirs and Assigns forever.

After my Dear and Loving Wife's Decease I Give and Bequeath to my Seven Children Viz. Merya Goodman, Henry Williams, John Williams, James Williams, Joseph Williams, Mary Mitchell and Daniel Williams all my Estate whether Real or Personal, not above mentioned to be equally Divided amongst them to them their Heirs and Assigns forever.

And I hereby make constitute and Appoint my dear and Loving Wife Ursula Williams Executrix. John Williams and James Williams Executors of this my last Will and Testament hereby Revoking and Disanulling and making Void all former Wills by me made, and declaring this only to be my Last Will and Testament. In Witness whereof I have hereunto Set my hand And affixed my seal the Day and year first above mentioned.

Daniel Williams {Seal}

Signed Sealed and Delivered
In the Presence of
Luke (his mark) Waldrup
William Sims

Granville County SS.
At a Court held for the sd. Court at the Court House
the 10th day of December 1759.

The above last Will and Testament of Daniel Williams decd.
was proven in open Court by the oathes of Luke Waldrop
& William Sims.

Evidences thereto & on Motion ordered to be Certified.
And at the same time the Executors therein nominated was qualified according to Law.

Daniel Weldon C.C.

[palani]

The Cherokee thought fit to alien their land (presently called Tennessee) based on riparian boundaries

This indenture made this 17th day of March in the year of our Lord Christ 1775, between Oconistoto, chief warrior and first representative of the Cherokee Nation or tribe of Indians, and Attacuttuillah and Sewanooko, otherwise Coronok, chiefs appointed by the warriors and other head men to convey for the whole nation --- Beginning the aborigines and sole owners by occupancy from the beginning of time of the lands on the waters of the Ohio River from the mouth of the Tennessee River up the said Ohio to the mouth or emptying of the Great Canaway or New River, and so cross by a southward line to the Virginia line by a direction that shall stretch or hit the Holston River six English miles above or eastward of the Long Islands therein, and other lands and territories thereunto adjoining [Great Grant*], on the one part, and Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, of the province of North Carolina, of the other part, witnesseth that the said Oconistoto for himself and the rest of the said nation of Indians, for and in consideration of the sum of ten thousand pounds lawfull money of Great Britton to them in hand paid by the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, the receipt whereof the said Oconistoto and his whole nation do for themselves and the whole tribe of people, have granted, bargained, and sold, aliened, enfeoffed, released, and confirmed, and by presents do grant, bargain, and sell, alien, enfeoff, release, and confirm to the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns forever, all the tract, territory, or parcel of land beginning on the Holston River where the courses of Powels Mountain strikes the same, thence up the said river as it meanders to where the Virginia line crosses the same, thence along the line run by Donelson & Co. to a point six English miles eastward of the Long Islands in said Holston River; thence a direct course toward the mouth of the Great Canaway until it reaches the top of Powels Mountain, thence westward along the said ridge to the beginning [Path Deed*], (End of Page 147) and also the reversion and reversions, remainder and remainders, rent, services thereof and all the estate, right, title, interest, claim, and demand whatsoever of them, the said Oconistoto and aforesaid whole band or tribe of people of, in, and to the same premises and of, in, and to every part and parcel thereof, to have and to hold the said Messuage territory and all and singular the premises above mentioned with appurtinances above mentioned unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns in severallity and tenants in common, and not as joint tenants, that is to say one eighth part to Richard Henderson, his heirs and assigns forever; one eighth part to Thomas Hart, his heirs and assigns forever; one eighth part to Nathaniel Hart, his heirs and assigns forever; one eighth part to John Williams, his heirs and assigns forever; one eighth part to William Johnston, his heirs and assigns forever; one eighth part to John Lutterell, his heirs and assigns forever; one eighth part to James Hogg, his heirs and assigns forever; one sixteenth part to David Hart, his heirs and assigns forever; his heirs and assigns forever; and one sixteenth part to Leonard Hendly Bullock, his heirs and assigns forever; to the only proper use and behoof of them, the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns forever. Under the yearly rent of four pence as to be holden of the chief Lord or Lords of the fee ot the premises by the rents and service thereof due and to right accustomed. And the said Oconistoto and the said nation for themselves do covenant and grant to and with the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns that they, the said Oconistoto and the rest of the Nation and people now are lawfully and rightly seized and in their own right of a good, sure, perfect, absolute, and indefeasible estate of inheritance in fee simple of and in all and singular the said Messuage and premise above mentioned and of all and every part and parcel thereof, with the appurtinances without any manner of condition, mortgage, limitation of use or uses, or other matter, course, or thing to alter, change, charge, or determine the same and also the said Oconistoto and the aforesaid nation now have good right, full power, and lawfull authority in their own right to grant, bargain, and sell and convey the Messuage territory and premises above mentioned with appurtinances unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns to the only proper use and behoof of the said Richard Henderson & Co. according to the true intent and meaning of these presents and also that they said Rich Henderson, (End of page 148) Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns shall and may from time to time and at all times hereafter peacebly and quietly have hold, occupy, possess, and enjoy all singular the said premises above mentioned to be granted with the appurtinances without the least doubt, hinderance, molestation, interruption, and denial of them. The said Oconistoto and the rest or any of said nation, their heirs or assigns and of all and every other person or persons whatsoever claiming or to claim by, from, or under them or any of them and further that the said Oconistoto, Attacullacullah, Sewanooko, otherwise Coronok, for themselves and for and in behalf of their whole nation and their heirs and all and ever other person or persons and his and their heirs anything having or claiming in the said Messuage territory and premises above mentioned, or any part thereof by, from, or under them shall and will at all times hereafter at the request and costs of said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns, make, do, and execute, or cause or procure to be made, done and executed, all and every further and other lawfull and reasonable grants, acts, and assurances in the law whatsoever for the further, better, and more perfect granting, conveying, and assuring of the said premises hereby granted with the appurtinances unto the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns to the only proper use and behoof of the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns forever, according to the true intent and meaning of these presents and to offer none other use, interest, or purpose whatsoever; and lastly the said said Oconistoto, Attacullacullah, Sewanooko, otherwise Coronok, for themselves and the whole nation aforesaid have so ordained, constituted, and appoint and by these presents do make, ordain, constitute, and appoint Joseph Martin and John Fair [Sevier] their true and lawfull attorneys jointly and in either of them severally for them and in their anms [names] unto the said Messuage territory and premises with the appurtinances hereby grant and convey or mentioned to be granted and conveyed or into some part thereof in the name of the whole to enter in full and peaceble possession and seizing thereof for them and in their name to take and to have and after such possession and seizing so thereof and had the lawfull and peaceble possession and seizing thereof or of some part thereof in the name of the whole unto Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, (End of page 149) David Hart, and Leonard Hendly Bullock or their own attorney or attorneys in their behalf to give and deliver to hold to them the said Richard Henderson, Thomas Hart, Nathaniel Hart, John Williams, John Lutterell, William Johnston, James Hogg, David Hart, and Leonard Hendly Bullock, their heirs and assigns forever according to the purport true interest and meaning of these presents ratifying, confirming, and allowin all and whatever their attorneys either of them shall do in the premises. In witness whereof the said Oconistoto, Attacullacullah, Sewanooko, otherwise Coronok, the three cheifs aooointed by the warriors and other head men to sign for and in behalf of the whole nation hath hereunto set their hands and affixed their seals the day and year above written.
Signed, sealed, and delivered in the presence of
William Bailey Smith Oconistoto (His Mark) Seal
George Lumpkins
Thomas Houghton Attacullacullah (His Mark) Seal
Caselton Brooks Sewanooko, otherwise Coronok (His Mark) Seal
John Bacon
Tilman Dixon
Valention Sercey
Thomas Price Joseph Vann Linquister

Treaty with the Cherokee
Treaty of Sycamore Shoals
a.k.a Henderson’s Purchase
Transylvania Land Company
Mar. 17 1775 | Private Purchase
Hawkins County Tennessee Deed Book
[Pages 147-150]

[Notorial dissent]

deed (dd)
n.
1. Something that is carried out; an act or action.
2. A usually praiseworthy act; a feat or exploit.
3. Action or performance in general: Deeds, not words, matter most.
and more to the point of this discussion
4. Law A document sealed as an instrument of bond, contract, or conveyance, especially relating to property.

Quite correct about Tennessee, also Kentucky, all of the 13 original colonies, and much of Florida and Texas. Metes and Bounds was used almost exclusively in these areas, whereas the the territories and states created out of the NW territories and later laws were mostly subject to the Govt survey set up.