Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-12-12

too far over on his land Few farmers
have not at some time or other been
mixed up in 'line-fence quarrels." The
fence becomes old, or there are new
purchasers and then almost inevita-
bly, follows some controversy over the
line. Disastrous lawsuits, i'll will and
tragedies are the common fruit of such
disputes.
Unfortunately there are some men
who will deliberately steal little strip
of land if they can when rebuilding
fence. This is a most reprehensi-
BILE form of theft because it almost al
ways leads to trouble. Moreover it is
a sort of theft which is usually enter
ed into with the idea that the neigh
bor will acuuiesce in II rather than
have a lawsuit.
Lines, however, may be established
by agreement. Sometimes when a
fence is not on the line 1t may De
shown that it was put where it is by
agreement of prior owners and this
agreement may be established by Wit
nesses. 1t is usually the custom Of the
courts to retain lines which have
been agreed upon by owners, because
it is the policy of the law to avoid lit
igation. not to encourage 1t.
The Description In the Deed.
The law provides always a method
by which line fences, when necessary,
can be rebuilt. If the neighbor re-
fuses to build his portion of the line'
notice may be given him in writing TO
build IL; If he continues to refuse you
may go ahead and build the whole
line yourself and sue him at law for
the cost of half of the fence. The
proceeding may differ little in diff
erent jurisdictions, but it is essential
ly the same. Every land owner should
find out precisely what the procedure
is-then he will be able to avoid con-
troversy with a disagreeable neigh
bor who refuses to build his half of
fence.
The terms in deeds should be look
ed at pretty carefully when they come
to describe the boundaries of the land.
When points are mentioned as monu-
ments the line is taken to run straight
from one point to another, so that the
boundaries of land often have all
sorts of zigzags. But when the boun-
daries are water courses, brooks, riv-
ers or lakes, various questions arise,
and the line will depend upon the Ian
guage of the description.
The stream may be made the bound
ary. In that case if it is not naviga-
BILE stream the line follows the center
line of the stream; but the language
may be such that the line will border
the stream, running from one tree to
another, as a point, or from one mon
ument to another. Also line may
run straight or it may follow the me-
anderings Of the stream, depending
upon the language of the deed.
Arbitration Cheaper Than Law.
The law provides methods by which
all these controversies over bounda-
ries may be amicably settled. Land
owners who are in a controversy over
lines cannot be too forcibly reminded
that If they go to court they will be
entering upon long and expensive liti-
CATION which they can very much bet
ter settle between themselves by some
kind of arbitration. They would bet
ter have the line run by the official
hxy
they agree, and then arbitrate the Diff
ficulty, each choosing one arbitrator
and the two arbitrators a third. This
will save great expense, long, difficult
litigation and unending i'll will among
neighbors When the line is so fixed
the law will afterward recognize it as
the true line between the lands.
In addition to litigation over title
and boundaries the landowner often
comes into court upon third form Of
controversy-namely, suits to en-
force contracts or purchase, called
specific performance suits. A man
buys tract of land, the seller refuses
to deliver it, and the purchaser brings
suit to force him to carry out his con-
tract
Here there is a distinction between
land and almost all other sorts of
property. If one purchases wheat,
grain, horses, cattle, or the like, and
the seller refuses to deliver them, a
suit cannot usually be brought to force
delivery and only damages can be re-
covered. 1t is true that if the pur-
chaser can show some particular rea-
son why these specific chattels and no
others will meet his requirements he
can, in certain cases, compel delivery
under the contract.
Have It In Writing.
With land a suit for the specific
performance of contract can always
be instituted. 1t must be borne in
mind, however, that in most jurisdic-
tions, in order to enforce such con-
tract there must be some memoran-
dunn in writing signed by the seller or
his agent If there is no such
written memorandum of any char
dCleT TIE Sdlt NC
enforced. One might agree to sell his
land to another; the agreement might
be witnessed by any number of per-
sons and be in every respect COM
plete, yet if there was no writing it
could not be enforced, as a general
rule. This is true also Of leases for
certain terms of years usually leases
for more than one year. One may go
ahead and put up expensive buildings,
or sell his own land, or tear down
buildings, or make extensive prepara-
tions for farming other lands upon ver-
bal contracts to sell or lease. but if
there is no writing he cannot compel
the sale of the land or the lease of it.
This is a feature of the law that
should always be borne in mind, both
with respect to the purchase Of lands
and the leasing of lands or any sort of
real DrOperty