Rules For Construing Land Descriptions

The following are the rules for construing the descriptive part of a conveyance of real property, when the construction is doubtful and there are no other sufficient circumstances to determine it: 1. Where there are certain definite and ascertained particulars in the description, the addition of others which are indefinite, unknown or false, does not frustrate the conveyance, but it is to be construed by the first mentioned particulars. 2. When permanent and visible or ascertained boundaries or monuments are inconsistent with the measurement, either of lines, angles or surfaces, the boundaries or monuments are paramount. 3. Between different measurements which are inconsistent with each other, that of angles is paramount to that of surfaces, and that of lines paramount to both. 4. When a road, or the stream of water not navigable, is the boundary, the right of the grantor to the middle of the road or the thread of the stream are included in the conveyance, except where the road or thread of stream is held under another title. 5. When a road or stream of water is contained within the boundaries of the land in question, the rights of the grantor to the road or to the land underneath the stream of water are included in the conveyance, except where the road or land under the stream is held under another title. 6. When tide water is the boundary, the rights of the grantor to ordinary high-water mark are included in the conveyance. 7. When the description refers to a map, and that reference is inconsistent with other particulars, it controls them if it appears that the parties acted with reference to the map, otherwise the map is subordinate to other definite and certain particulars.