Legal Definitions - processioning

Processioning refers to a historical legal practice, particularly prevalent in the former English colonies along the southeastern coast of the United States, involving the formal survey and inspection of land boundaries. This process typically entailed physically walking the perimeter of a property, often with neighboring landowners and local officials, to identify, confirm, and mark the exact location of property lines. The primary purpose of processioning was to prevent or resolve disputes over land ownership by establishing clear, agreed-upon, and publicly recognized boundaries, thereby maintaining accurate land records and promoting community harmony.

• Example 1: Resolving an Inherited Property Line

  Imagine a family in rural North Carolina inheriting a large tract of land that has been passed down through generations. The original deeds are very old, referencing natural landmarks like "the old oak tree by the creek" or "the stone wall," which have either disappeared or become ambiguous over time. As they plan to subdivide a portion of the land for a new family home, they realize the exact boundaries are unclear, potentially overlapping with a neighbor's property.

  This illustrates processioning because, historically, the family might initiate a processioning to clarify these boundaries. A surveyor, accompanied by the family and their neighbors, would physically walk the property lines, using historical records and any remaining markers to re-establish and formally record the precise boundaries, thus preventing future disputes and ensuring clear title for the subdivision.

• Example 2: Settling a Dispute Between Adjacent Landowners

  Consider two adjacent landowners in Georgia who have a long-standing disagreement about where their shared property line lies, specifically concerning a small patch of timber. One believes the trees are on their side, while the other claims they are part of their own acreage, leading to tension and potential legal action.

  This demonstrates processioning because, in colonial times, such a dispute could be resolved through this formal process. Local officials or a designated committee, along with both landowners, would physically walk the disputed boundary. They would examine old deeds, consult local knowledge, and identify any existing markers to officially determine and mark the correct property line, providing a community-accepted resolution to the conflict.

• Example 3: Community-Wide Boundary Clarification

  In the early 1700s, a rapidly growing coastal settlement in colonial Virginia faced increasing land disputes as new settlers arrived and existing large land grants were subdivided. The original surveys were often imprecise, leading to overlapping claims and confusion over property ownership.

  This exemplifies processioning because, to maintain order and clear land titles, the colonial government or local parish might have mandated a periodic, community-wide processioning. This involved appointed individuals, often accompanied by landowners, physically walking and re-marking all property boundaries within the jurisdiction. This systematic effort updated land records, clarified ownership for all residents, and proactively prevented future conflicts arising from ambiguous property lines.