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Seattle University Law Review

1984

Boundary disputes

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Boundary Law: The Rule Of Monument Control In Washington, Jerry Broadus Jan 1984

Boundary Law: The Rule Of Monument Control In Washington, Jerry Broadus

Seattle University Law Review

The rule of monument control has developed as a necessary corollary to the Statute of Frauds as applied to land conveyances. Confusion in the application of the two rules can be avoided by examining their underlying equitable policies. A consideration of these policies is necessary for a reasoned approach to judging the admissibility and weight of evidence needed to prove a boundary monument. San Juan County v. Ayer illustrates the confusion which can result when a court attempts to apply these rules in a technical manner divorced from their historical background. Many boundary disputes could properly be resolved by using …