Andersen v. Monforton

¶40 The Court finds that the property survey at issue “uses meander lines” and from that factual predicate concludes that the disputed property is subject to the long-established rule, first stated by the United States Supreme Court in 1869 and cited by this Court in Faucett, to the effect that a meander line does not constitute a property’s boundary, but rather, the water does. I submit that neither the Court’s factual predicate nor its application of the meander rule to the property dispute here is correct.

¶41 The roots of the meander rule can be traced to Congressional enactments of the…