Butts and bounds

Last updated
Field boundary in the United Kingdom Field Boundary - geograph.org.uk - 527993.jpg
Field boundary in the United Kingdom

Butts and bounds, shortened form for "abuttals and boundaries" of a property, are the boundary lines delineated between plots of land, usually those which define the end of an estate, as used in legal deeds, titles, etc. These are usually descriptive features in the property, such as trees, outcroppings of stone, or riverine brooks, etc., and are signified in the legal deed for purposes of identification.

Contents

Historical uses

The practice of signifying butts and bounds in the sale of real estate and in legal deeds and contracts is an ancient practice, having attestation in the Hebrew Bible. In the episode of Abraham who purchased the field of Ephron in Genesis 23:17, and where it describes the cave and the trees in the outermost bounds of the property, the Sages of Israel learnt thereby that he that sells his field must write in the deed its landmarks and boundaries. [1]

According to rabbinic tradition, Joshua, when dividing the Land of Canaan among the twelve tribes of Israel, planted Sea squill (Hebrew : חצוב) to mark off the butts and bounds of tribal inheritance. [2] The practice was still prevalent along the coast of the Syrian-Egyptian desert as late as the 20th-century. [3]

In Jewish laws of agronomy, the prohibition of marking off butts and bounds beginning on the first day of the lunar month Tishri during the Seventh-year (until the end of that year) is expressly stated in the compendium of Jewish oral law known as the Mishnah (Shevi'it 2:2):

Until the New Year they may mark the butts and bounds of property (Hebrew : מיבלין), [4] [5] strip off leaves, [6] cover up [exposed] roots [7] or fumigate plants. [8]

The civil laws with respect to standard formularies used in drafting documents and legal deeds differ from country to country. For example, in some societies the custom requires that, where there are no distinct physical features in the said property, it is sufficient to mention the name(s) of the property owner(s) of the adjacent fields. As early as anno 500 CE it was litigated:

If the field is bounded by fields of Reuben on the east and west and by fields of Simeon on the north and south, he must write, 'the field is bounded by fields of Reuben on two sides, and by fields of Simeon on two sides.' [And not simply, 'It lies between the fields of Reuben and Simeon,' which leaves room for ambiguity.] [9] [10]

In older legal deeds, the phrase "butted and bounded by..." often precedes the actual description of the ends of the land in question. [11] In modern conveyances of real estate, the legal term is often defined as Parcels clause.

USA

With the development of modern surveying techniques in Europe and the proposals put forward before the US Congress under the Land Ordinance of 1785, a more efficient way was devised in the United States for the layout, sale and disposal of private and public lands, known as the Public Land Survey System. This new system formed the basis for dividing all territory, and where it called-out unto surveyors in their respective places to take an account of all lands, and to divide the same territory into Townships of six miles square, by lines running due north and south, and others crossing these at right angles. The plats of townships respectively were to be marked by subdivisions consisting each of lots of one mile square, or 640 acres, and numbered from 1 to 36. [12] These numbered subdivisions were known as Sections. Sections could also be divided into four equal quarters (fractions of a section), known simply as NW [= north-west], NE [= north-east], SW [= south-west] and SE [= south-east], while each quarter could be subdivided into another four quarters, such that the north-east quarter when divided into four more quarters, would have the designation of either SENE [= south-east of North-east quarter], or SWNE [= south-west of North-east quarter], or NWNE (north-west of North-east quarter], or NENE [= north-east of North-east quarter]. In this manner, all sections were duly divided. Thus, by this means, land holders who either bought land or who were granted land due to their military service, were able to register their holdings in their names, in their respective counties, with the date of purchase or issuance of a military warrant, and the precise location of the property (e.g. lands of Section 14, in Township 11S [= eleven South], of Range 14W [= fourteen West]) ascribed to the person. [13] Township numbers were always followed by a principal meridian directional sign (either N or S [= for north and south]), while the range number was always followed by a base line directional sign (either E or W [= for east and west]).

Australia

In Australian common law, which shares a common law heritage with the United Kingdom, Canada and the United-States, "A description by abuttals will, as a rule, override measurements expressed in figures if conflict exists between description and measurement". [14] [15] The same rule applies in 2nd-century Judaic law, except where the seller had noted in the transaction that he was selling to the buyer a parcel of land defined by measurement, and which same measurement he (the seller) expressly stated as extending as far as its physical butts and bounds. Had the buyer discovered, when he came to take an account of his field, that the butts and bounds did not extend so far, but were one-sixth (16) less than the designated measurement avouched by the seller, the sale does not hold-up as good, seeing that the conditions were fraudulent, in which case, the seller is required to reimburse to its buyer the difference paid (diminishing one-sixth of the cost), or else give to him more land. [16] When both measurement and descriptive features are used, anything less than a deviancy of 16 is still in the realm of accuracy. [16]

Historical example

The following deed of sale from the US shows the parameters of a plot of land, bounded by trees and a river:

Deed of sale conveying a tract of land. Surry County, North Carolina, dated 1784
Legal deed of property transaction, dated 1784 Legal deed of 1784.jpg
Legal deed of property transaction, dated 1784

Butts and bounds described in legal deed of 1784 (USA). Courtesy of Register of Deeds, Surry County, North Carolina (Book C, page 110):

“Know all men by these presents that we John Carmichall and Mary his wife and Amos Ladd Leslee [...] all of the State of North Carolina, for and in consideration of the sum of one-thousand three-hundred and thirty-three Pounds current money of said State, the receipt whereof is hereby acknowledged, Hath bargained and sold, and by these presents doth grant, bargain, sell and deliver unto Harry Terrel his heirs and assign forever one certain Tract or Parcel of Land lying and being in the County of Surry on Dan River, [17] Beginning on the said River at the Mouth of Carmichall's Creek, running up the several Meanders thereof to a Box Elder, thence S [= south] 63 Degrees, W [= west] 118 poles [18] to Pointers, [19] thence S. [= south] 50 Poles to a Corner [20] Pin[e]; thence W. [= west] 100 poles to a corner pine; thence N. [= north] 48; W. [= west] 80 Poles to a corner Post Oak; thence E. [= east] 8 Poles to a Corner Pine; thence N. [= north] 70 Poles to pointers; thence E. [= east] 300 poles to the River; thence down the River to the Beginning, containing Six-hundred acres, be the same more or less [...], etc.”

See also

Related Research Articles

<span class="mw-page-title-main">Mishnah</span> First major written collection of the Oral Torah

The Mishnah or the Mishna is the first major written collection of the Jewish oral traditions that are known as the Oral Torah. It is also the first major work of rabbinic literature. The Mishnah was redacted by Judah ha-Nasi probably in Beit Shearim or Sepphoris between the ending of the second century and the beginning of the 3rd century CE in a time when the persecution of Jews and the passage of time raised the possibility that the details of the oral traditions of the Pharisees from the Second Temple period would be forgotten.

<span class="mw-page-title-main">Rabbinic literature</span> Jewish literature attributed to rabbis

Rabbinic literature, in its broadest sense, is the entire spectrum of rabbinic writings throughout Jewish history. However, the term often refers specifically to literature from the Talmudic era, as opposed to medieval and modern rabbinic writings, and thus corresponds with the Hebrew term Sifrut Chazal. This more specific sense of "Rabbinic literature"—referring to the Talmudim, Midrashim, and related writings, but hardly ever to later texts—is how the term is generally intended when used in contemporary academic writing. The terms mefareshim and parshanim (commentaries/commentators) almost always refer to later, post-Talmudic writers of rabbinic glosses on Biblical and Talmudic texts.

<span class="mw-page-title-main">Sycamine</span> Tree mentioned in ancient literature

The sycamine tree is a tree mentioned in both classical Hebrew literature and in Greek literature. The tree is also known by the names sycamore fig tree, and fig-mulberry. It appears also in Luke 17:6 and 19:4 of the Bible. The Hebrew word for the tree is shiḳmah (sing.), shiḳmīn (pl.), having nearly the same phonemes in Greek Others, however, identify the tree as mulberry tree, found in two species, the Black Mulberry and the White Mulberry, which are common in Palestine. It is in the same family as the fig-tree.

The bricks are fallen, but we will build with hewn stones; the sycamores are cut down, but cedars will we put in their place.

Seder Zeraim is the first of the six orders, or major divisions, of the Mishnah, Tosefta, and the Talmud, and, apart from the first tractate which concerns the rules for prayers and blessings, primarily deals with the laws of agricultural produce and tithes of the Torah which apply in the Land of Israel, in both their religious and social aspects.

<span class="mw-page-title-main">Jerusalem Talmud</span> Talmud that was compiled in Palestine

The Jerusalem Talmud or Palestinian Talmud, also known as the Talmud of the Land of Israel, is a collection of rabbinic notes on the second-century Jewish oral tradition known as the Mishnah. Naming this version of the Talmud after Palestine or the Land of Israel—rather than Jerusalem—is considered more accurate, as the text originated mainly from Galilee in Byzantine Palaestina Secunda rather than from Jerusalem, where no Jews lived at the time.

<i>Shmita</i> Seventh year of the seven-year agricultural cycle mandated by the Torah for the Land of Israel

The sabbath year, also called the sabbatical year or shǝvi'it, or "Sabbath of The Land", is the seventh year of the seven-year agricultural cycle mandated by the Torah in the Land of Israel and is observed in Judaism.

<span class="mw-page-title-main">Copper Scroll</span> First-century CE treasure scroll from the Judean desert

The Copper Scroll (3Q15) is one of the Dead Sea Scrolls found in Cave 3 near Khirbet Qumran, but differs significantly from the others. Whereas the other scrolls are written on parchment or papyrus, this scroll is written on metal: copper mixed with about 1 percent tin, although no metallic copper remained in the strips; the action of the centuries had been to convert the metal into brittle oxide. The so-called 'scrolls' of copper were, in reality, two separated sections of what was originally a single scroll about 2.4 metres (7.9 ft) in length. Unlike the others, it is not a literary work, but a list of 64 places where various items of gold and silver were buried or hidden. It differs from the other scrolls in its Hebrew, its orthography, palaeography and date.

<i>Bava Batra</i> Tractate of the Talmud and the Mishnah

Bava Batra is the third of the three Talmudic tractates in the Talmud in the order Nezikin; it deals with a person's responsibilities and rights as the owner of property. It is part of Judaism's oral law. Originally it, together with Bava Kamma and Bava Metzia, formed a single tractate called Nezikin.

<i>Kilayim</i> (tractate) Jewish law forbidding some types of mixing

Kil'ayim is the fourth tractate of Seder Zeraim of the Mishnah, dealing with several biblical prohibitions of mixed species, namely, planting certain mixtures of seeds, grafting different species of trees together, growing plants other than grapevines in vineyards, crossbreeding animals, working a team of different kinds of animals together, and mixing wool and linen in garments.

<span class="mw-page-title-main">Shevi'it (tractate)</span> Talmudic tractate about the Sabbatical year regarding agriculture and debts in the Land of Israel

Shevi'it is the fifth tractate of Seder Zeraim of the Mishnah, dealing with the laws of leaving the fields of the Land of Israel to lie fallow every seventh year; the laws concerning which produce may, or may not be eaten during the Sabbatical year; and the cancellation of debts and the rabbinical ordinance established to allow a creditor to reclaim a debt after the Sabbatical year (Prozbul).

<span class="mw-page-title-main">Tithes in Judaism</span> Religious donations in Judaism

The tithe is specifically mentioned in the Books of Leviticus, Numbers and Deuteronomy. The tithe system was organized in a seven-year cycle, the seventh-year corresponding to the Shemittah-cycle in which year tithes were broken-off, and in every third and sixth-year of this cycle the second tithe replaced with the poor man's tithe. These tithes were akin to taxes for the people of Israel and were mandatory, not optional giving. This tithe was distributed locally "within thy gates" to support the Levites and assist the poor. Every year, Bikkurim, terumah, ma'aser rishon and terumat ma'aser were separated from the grain, wine and oil. Initially, the commandment to separate tithes from one's produce only applied when the entire nation of Israel had settled in the Land of Israel. The Returnees from the Babylonian exile who had resettled the country were a Jewish minority, and who, although they were not obligated to tithe their produce, put themselves under a voluntary bind to do so, and which practice became obligatory upon all.

<span class="mw-page-title-main">Tabun oven</span> One of several styles of clay ovens used in the Middle East

A tabun oven, or simply tabun, is a portable clay oven, shaped like a truncated cone. While all were made with a top opening, which could be used as a small stove top, some were made with an opening at the bottom from which to stoke the fire. Built and used even before biblical times as the family, neighbourhood, or village oven, tabun ovens continue to be built and used in parts of the Middle East today.

Kil'ayim are the prohibitions in Jewish law which proscribe the planting of certain mixtures of seeds, grafting, the mixing of plants in vineyards, the crossbreeding of animals, the formation of a team in which different kinds of animals work together, and the mixing of wool with linen in garments.

Dina d'malkhuta dina is a principle in Jewish religious law that the civil law of the country is binding upon the Jewish inhabitants of that country, and, in certain cases, is to be preferred to Jewish law. The concept of dina de-malkhuta dina is similar to the concept of conflict of laws in other legal systems. It appears in at least twenty-five places in the Shulchan Arukh.

The incense offering, a blend of aromatic substances that exhale perfume during combustion, usually consisting of spices and gums burnt as an act of worship, occupied a prominent position in the sacrificial legislation of the ancient Hebrews.

<span class="mw-page-title-main">Mosaic of Rehob</span> Hebrew-language mosaic

The Mosaic of Reḥob (Hebrew: כתובת רחוב, romanized: k'tovet rechov, also known as the Tel Rehov inscription and the Baraita of the Boundaries, is a late 3rd–6th century CE mosaic discovered in 1973. The mosaic, written in late Mishnaic Hebrew, describes the geography and agricultural rules of the local Jews of the era. It was inlaid in the floor of the foyer or narthex of an ancient synagogue near Tel Rehov, 4.5 kilometres south of Beit She'an and about 6.5 kilometres west of the Jordan River. The mosaic contains the longest written text yet discovered in any Hebrew mosaic in Israel, and also the oldest known Talmudic text.

<span class="mw-page-title-main">Nathan ben Abraham I</span> 11th century commentator on the Mishnah

Nathan ben Abraham, known also by the epithet President of the Academy in the Land of Israel, was an 11th-century rabbi and exegete of the Mishnah who lived in Ramla, in the Jund Filastin district of the Fatimid Caliphate. He was the author of the first known commentary covering the entire Mishnah.

Sicaricon, lit.'usurping occupant; possessor of confiscated property; the law concerning the purchase of confiscated property', refers in Jewish law to a former act and counter-measure meant to deal effectively with religious persecution against Jews in which the Roman government had permitted its own citizens to seize the property of Jewish landowners who were either absent or killed in war, or taken captive, or else where Roman citizens had received property that had been confiscated by the state in the laws prescribed under ager publicus, and to which the original Jewish owners of such property had not incurred any legal debt or fine, but had simply been the victims of war and the illegal, governmental expropriation of such lands from their rightful owners or heirs. The original Jewish law, made at some time after the First Jewish-Roman War with Vespasian and his son Titus, saw additional amendments by later rabbinic courts, all of which were meant to safe-guard against depriving the original landowners and their heirs of any land that belonged to them, and to ensure their ability to redeem such property in the future.

Biblical mile is a unit of distance on land, or linear measure, principally used by Jews during the Herodian dynasty to ascertain distances between cities and to mark the Sabbath limit, equivalent to about ⅔ of an English statute mile, or what was about four furlongs. The basic Jewish traditional unit of distance was the cubit, each cubit being roughly between 46–60 centimetres (18–24 in) The standard measurement of the biblical mile, or what is sometimes called tǝḥūm šabbat, was 2,000 cubits.

<span class="mw-page-title-main">Fig-cake (fruit)</span> Food prepared from figs

A fig-cake is a mass or lump of dried and compressed figs, usually formed by a mold into a round or square block for storage, or for selling in the marketplace for human consumption. The fig-cake is not a literal cake made as a pastry with a dough batter, but rather a thick and often hardened paste of dried and pressed figs made into a loaf, sold by weight and eaten as food in Mediterranean countries and throughout the Near East. It is named "cake" only for its compacted shape when several are pounded and pressed together in a mold.

References

  1. Adani, David ben Amram (1975). Margalioth, Mordecai (ed.). Midrash HaGadol (in Hebrew). Vol. 1 (Genesis) (4 ed.). Jerusalem: Ben-Zvi Institute. pp. 386–387 (P. Ḥayei Sarah). OCLC   233160756.
  2. Babylonian Talmud, Baba Bathra 56a; Beitza 25b, s.v. חצובא מקטע רגליהון דרשיעי. Quote: "ʻThe sea squill (Urginea maritima) amputates the leg of the wicked’. Explained by Talmudic exegete, Rashi, to mean a plant whose roots penetrate and go down deeply, without spreading-out to the sides at all, and they plant it between the boundaries of fields, with which Joshua [formerly] divided the country by designated borders for Israel." ʻAmputates the leg of the wicked’, [meaning], on the Day of Judgment, in the sense that they (the wicked) steal, and covet, and reappropriate the property bounds [of others], without taking a lesson from it" (END QUOTE). Cf. Hai Gaon (1921), "Hai Gaon's Commentary on Seder Taharot", in Epstein, J.N. (ed.), The Geonic Commentary on Seder Taharot – Attributed to Rabbi Hai Gaon (in Hebrew), vol. 1, Berlin: Itzkowski, pp. 13–14, OCLC   13977130 (Available online, at HebrewBooks.org: The Geonic Commentary on Seder Taharot – vol. 1), s.v. יבלית in Mishnah Keilim 3:6.
  3. Dalman, Gustaf (2013). Work and Customs in Palestine. Vol. I/1-I/2. Translated by Nadia Abdulhadi Sukhtian. Ramallah: Dar Al Nasher. p. 99. ISBN   9789950385-00-9. OCLC   1040774903.
  4. The English translation here of the denominal verb מיבלין follows Rabbi Hai Gaon's interpretation of the plant known in Hebrew as יבלית (yablit), and in Aramaic as יבלא (yabla), described in his commentary on Mishnah Keilim 3:6, where he defines the plant as ḥaṣoba (Hebrew : חצובה), or Sea squill (Urginea maritima) used by Joshua to mark off the butts and bounds of tribal property. Other Mishnaic exegetes in their commentaries have explained the verb differently, writing that it means "to cut-off knots in the trees" (Maimonides, following the explanation of the Jerusalem Talmud Shevi'it 2:2),where the prohibition of מיבלין is said to refer to "removing the callosity" [from the trees]. Rabbi Nathan ben Abraham (11th-century) provides a different explanation of the word מיבלין, saying that it means "to gather from the trees what has shriveled and has become dry and old, as well as what has fallen of its leaves (exfoliation), so that they do not cause loss to the tree" (END QUOTE). This view is followed by Isaac ben Melchizedek. Nathan ben Jehiel, in his Sefer Ha-Arukh (s.v. יבל), explains the same verb to mean, "rooting out bad weeds." All such work is forbidden to do during the Seventh Year.
  5. The word מיבלין is the denominal verb of the Aramaic noun יבלא [= yabla], a plant, or what is rendered in the Syriac script as ܝܒܠܐ, and is defined in Jessie Payne Margoliouth's Syriac Dictionary. See: Payne Smith, R. (1903). Jessie Margoliouth (ed.). A Compendious Syriac Dictionary (in Syriac and English). Oxford. p.  185. ܝܒܠܐ yabla, (b) couch-grass, sometimes seaweed, squill, rush{{cite book}}: CS1 maint: location missing publisher (link)
  6. English translation follows that of Maimonides' commentary on Mishnah Shevi'it 2:2. Rabbi Nathan ben Abraham, however, explains the Hebrew word מפרקים differently, saying that "if two diverse kinds of trees became entangled, they are separated one from the other, on account of the prohibition of Kil'ayim (Diverse kinds)." Such work is forbidden to do during the Seventh Year.
  7. English translation follows that of Maimonides' commentary on Mishnah Shevi'it 2:2. Rabbi Nathan ben Abraham, however, explains the Hebrew word מאבקים differently, saying that the tree's health and well-being are enhanced by painting it with ochre, and by hanging thereon stones on all its sides, so that its fruit will not prematurely fall, until they have become strong." Such work is forbidden to do during the Seventh Year.
  8. "Fumigate plants". Explained by Rabbi Nathan ben Abraham in his commentary on MishnahShevi'it, chapter 2, to mean fumigating the fruits of trees, such as when the trees are plagued by a swarm of locusts or other pests, in which case, green wood is taken and burnt beneath the fruits to ward off the insects that attack the tree. Such work is forbidden to do during the Seventh Year.
  9. Babylonian Talmud ( Baba Bathra 62a, note 5
  10. Cf. Maimonides (1974). Sefer Mishneh Torah – HaYad Ha-Chazakah (Maimonides' Code of Jewish Law) (in Hebrew). Vol. 6. Jerusalem: Pe'er HaTorah. p. (Hil. Mekhirah 21:12 [14]). OCLC   122758200.; Yosef Karo, Shulhan Arukh ( Choshen Mishpat , Hil. Mekach u'mimkar 219:5)
  11. Robillard, Walter G.; Wilson, Donald A. (2014). Brown's Boundary Control and Legal Principles (7 ed.). Hoboken, New Jersey: John Wiley & Sons, Inc. ISBN   978-1-118-431436., Glossary of Terms. s.v. Bounds
  12. "A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774–1875", Journals of the Continental Congress, Volume 28, pp. 375–376
  13. Barefield, Marilyn Davis (1985). Old Huntsville Land Office Records & Military Warrants 1810–1854. Easley, S.C.: Southern Historical Press (in affiliation with United States Huntsville Land Office). OCLC   13337838.
  14. Relocation of boundaries. Abuttals – significance of the surrounding titles, NSW Land Registry Services
  15. Boundaries and the Common Law, University of Southern Queensland, Australia
  16. 1 2 Maimonides, Mishne Torah (Hil. Mekhirah 28:12); cf. Babylonian Talmud, Baba Bathra 106a
  17. Here, it is to be noted that the eastern half of Surry County in 1789 became Stokes County, where is now located the tract of land, flanking on the upper reaches of the Dan River.
  18. In the surveying parlance of the late 17th and 18th centuries, one "pole" was the linear equivalent of 16.5 feet (5.0 m), meaning one-hundred and eighteen poles came to 1,947 feet (593 m) (Christopher Fennell, "An Account of James Monroe's Land Holdings").
  19. The reference to "pointers" concerns distinct features close by the corner stakes or trees that marked the boundary turning points (Christopher Fennell, "An Account of James Monroe's Land Holdings").
  20. "Corner" refers to a place where two cardinal directions converge.