Legal Definitions - locative calls

Locative calls are specific, identifiable features mentioned in a legal description of land that precisely define its boundaries. These features serve as fixed points or lines on the ground, such as natural landmarks or permanent man-made markers. They are considered highly reliable because they refer to tangible objects or locations that can be found and verified.

When there is a discrepancy between a general description of a property's edge (e.g., "approximately 100 feet east") and a specific locative call (e.g., "to the large oak tree"), the locative call takes precedence. This is because locative calls provide a more accurate and unambiguous reference point for determining the exact limits of the property.

Here are some examples illustrating locative calls:

• Example 1: Natural Landmark

  A property deed for a rural parcel states that its western boundary "runs along the eastern bank of the Blackwood River." In this scenario, the Blackwood River itself, specifically its eastern bank, acts as a locative call. It's a distinct natural feature that physically fixes the property's edge. Even if a measurement in the deed suggests the boundary is slightly different, the river's bank would be the definitive boundary line.

• Example 2: Man-Made Marker

  A suburban property description begins its northern boundary "at the old concrete survey monument marked 'Lot 7' and proceeds due east to the fence line separating the property from the adjacent park." Here, the concrete survey monument and the fence line are locative calls. They are permanent, man-made fixtures that precisely mark the starting point and the extent of that boundary. These physical markers provide clear, undeniable evidence of the property's limits.

• Example 3: Resolving a Conflict

  A historical deed describes a property's southern boundary as "extending approximately 300 feet south from Elm Street to the large granite boulder." If a modern survey finds that the granite boulder is actually located 285 feet south of Elm Street, the large granite boulder is the locative call. Despite the "approximately 300 feet" measurement, the boulder's physical location would legally define the boundary, as specific locative calls override general or approximate measurements in case of conflict.