Watrous v. Morrison

Citations

• 33 Fla. 261

Syllabus

<p>,1. In the sale of land in sections or subdivisions thereof, including ■ lots, according to the goy eminent survey, the survey as actually made controls. It is the survey as it was actually run on the ground that governs, if the monuments, comers or lines actually established can be located or proved. Courses and distances yield to such comers or lines so long as the latter can be located, and for the reason that the latter are the fact or truth of the survey as it was actually made, while the former are but the description of the act done, and when inaccurate they can not change the fact.</p> <p>'3. While it is true that the title to real estate can not be transferred by verbal agreement, yet where the boundary between contiguous lands is uncertain or disputed, the owners of such lands may agree upon a certain line as the permanent boundary line, and where the agreement is followed by actual occupation according to such line as the boundary, the line will be binding upon them and their successors m title as the boundary. The line becomes binding- for the reason that the proprietors have by such consent and conduct agreed permanently upon the limits or extent of tlieir respective lands or property.</p> <p>■'3. In cases of mistake as to the true line between adjoining- lands, the real test as to whether or not a title will be acquired by a holding for the period of seven years, is the intention of the party holding beyond the true line. If such occupation is by mere mistake and with no intention upon the part of the occupant to claim, as liis own, land which does not belong to him, but he intends to claim only to the true line wherever it may be, the lioldir g is not adverse. If, however, the occupant takes possession believing the land to be his own up to the mistaken line and claiming title to it, and so holds, the holding is adverse. The intent to claim title up to the line is an indispensable element of adverse holding; the claim of right must be as broad as t