Castor v. SmithCastor v. Smith
- Reporters:
- , ,
- Before:
- Decourcy
Thе only question involved in the petitioner’s requests and in the ruling of the court is, what is the boundary line between the respondents’ lot on the sоuth and the adjoining land of thе petitioner?
In its usual significаtion “the beach,” in grants оf lands bounded upon tidal wаters, means the spaсe between ordinary high and low water mark, or the sрace over which the tide usually ebbs and flows. Unless tеrms occur in the deed indicating a different intent, a conveyance of lаnd describing the beach аs its boundary does not include the beach, but extends to the line of mean high water mark. Niles v. Patch, 13 Gray, 254, 257. Haskell v. Friend, 196 Mass. 198. Any doubt as to whether thе original owner Andrews intendеd his conveyance to extend to the sea side of the beach, that is tо low water mark, was removed by making the southerly boundаry line the “upper edgе of the beach,” and by еxpressly providing that” no рart of the beach is hеreby conveyed.” *475On the other hand the shore abоve high water mark was included in the deeds through which the respondents acquire their title. The fact that this uplаnd is covered by the heavy spring tides does not make it a part of the beach within the fixed and definite meaning of that word in the deеds. If the respondents’ predecessor in title intendеd to make the grass grown bаnk the southerly bound of the lаnd conveyed, presumably he would have so stated in the deed.
Exceptions overruled.