Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-12-09

A8H AG &LA#E Ha
ance. but that such owners simply
fix and determine By agreement the
location of what they already own;
and hat the purpose Of such agree
ment is merely to identify such
holdings and 20 make certain what
heretofore had been uncertain. A
dividing line fixed between adjoin-
ing land. by mutual agreement by
both owners, at a meeting expressly
held 70 establish such n line, follow
ed by actual possession by the own
ers, and long afterwards recognized
on both sides as the true division
line. will be regarded rs the true d.
vision line by the courts.
Agreements of this character de-
pend for validity upon the cireum-
stances that the true dividing line is
not definitely known and is disput-
"a. doubtful and uncertain. hence,
II both owners know the real loca-
ton Of the division line between
them. an oral agreement drawing the
line elsewhere by void.
Errors Not Binding
An agreement between adjoining
land owners who Try to fix the exact
and true division line between their
properties and, by accident or mis-
take, draw an erroneous boundary
line. i- not binding. and does not
establish the dividing line. Neither
~ the owners of adjoining lands who
agrees with the other upon the COM
mon boundary line. mistakenly sup
posing ID % he the true line. can be
stopped by the agreement from as
EertirC his rights later. II the true
line Is discovered and can be estab-
lishcd-lf III such a case. each own
Or has only claimed property up 20
The true line wherever shat may he.
a division fence often separates
The lands cf adjoining owncrs. The
same principles that govern dividing
lines apply where there are division
fences. The wner of adjoining
lands divided by q fence mistakenly
supposed 60 have hccn built along
Che true line. and who claims 70 title
beyond the division line. wherever
that may be drawn. must recognize
and conform N tho real line when
II rs discovered and traced.
The mere building OF a fence b.
q n two adjoining land owners
along what he supposed 10 he tho
true dividing lire between the pron-
critics Us not sufficient to establish
the line. a land owner who knows
where the true division line "a be-
tween him and his ncichbor. or has
the means of learning where Id is.
has M right 20 rely upon the fact
that the establishment Of a division
fence built in recent years by his
ncighhor under ? mistake establish
as the division line.
Party Walls
The term party wall iS generally
understood 10 mean a wall built be-
tween tho premises Of adjoining
owners built partly on tile land of
each for the benefit of both. A
party wall is a substitute for sep
arate walls and the owner on each
side NAV make the rarie use az III ~
he could make of his own separate
wall. provided he docs mt in ary
way impair is value tO the owner on
the other side.
a license given By \ land owner
to hls adjoining ncighhor ~ erect
y nar-y wall on The division lire be-
tween the properties. and standing
IN the land Of each owner. cannot be
revoked after the vrll is built.
"A laud owner who uses y PARTY
wall built by his next nciehhor Is re-
1uired ~ nay Bis fair share ar the
cost. a promise of one land owner
20 paw bis share ~ the expense or
building q party wall unon tha d;vi-
sion line between his property and
that ar another land owner z bind
ing and can he enforced in the
courts.
Ordinarily i party wall means Y
solid one. withou. openings Tor win
dows, ard If openings In IL are made
Q later owner of one side may com
rel them to ba closed.
Tree Rights
The owner WIZ a piece VI real estate
owns every tree that grows upon u.
and all It's branches no matter
whore II emcrEcs from The soil
whether remote or near II his boun-
derry line. The land owner may pre-
vent tina urJustifiahle and unauthor-
ized destruction If his trees grow
inF inside Of his boundaries and Is
entitled to recover damages from a
vrcnE-doe who mutIlates ~ de-
Etroys such trees.
But the owner Of property shad-
owed by a tree growing In adjacent
l1nd may Tor off such o~verhangi-r
branches not Dy reason OF n prom
crly rights In the branches but ~
his reason ~ abato a nuisance. ID
these branches are a nuisance "a
him,
Property owners interested IN the
question M honrg.vv f,, rI