Legal Definitions - thence down the river

The legal phrase "thence down the river" is a specific directive found in property descriptions, particularly in older land surveys and deeds, used to define a property boundary.

When this phrase appears, it signifies that the property line follows the natural, winding course of the river. This means the boundary isn't a straight or simplified line drawn on a map, but rather it adheres to the actual, often curving, edge of the waterway as it exists on the ground. Surveyors often draw "meander lines" on maps to approximate the river's general path for calculating acreage, but the phrase "thence down the river" clarifies that the true legal boundary is the river itself, including all its natural twists and turns, unless there is specific evidence to the contrary indicating a fixed, artificial boundary was intended.

• Example 1: Agricultural Land Sale

  Imagine a farmer selling a parcel of land that borders a local creek. The property deed states that the western boundary runs "thence down the river" (referring to the creek). Years later, the creek naturally shifts its course slightly due to erosion and sediment deposition. Because the original deed used "thence down the river," the farmer's former property boundary would automatically adjust to follow the creek's new, altered path, rather than remaining fixed to where the creek was at the time of the original survey. This ensures the new owner retains their riverfront access along the creek's current location.

• Example 2: Waterfront Development Planning

  A real estate developer purchases a large tract of land for a new residential community, with one side of the property described as extending "thence down the river." When planning the layout for riverfront homes, the developer must understand that the exact boundary for these lots will fluctuate with the river's natural movements over time. This means they cannot rely solely on a static map line drawn years ago, but must account for the dynamic nature of the river's edge when designing setbacks and property lines to avoid future boundary disputes with the river itself or adjacent landowners.

• Example 3: Historical Property Dispute

  Two neighboring landowners, whose properties were originally surveyed in the 19th century, find themselves in a dispute over a small strip of land along a shared river boundary. One property's description explicitly states "thence down the river." Over the decades, the river has significantly changed its path, cutting a new channel. A court would likely interpret the "thence down the river" clause to mean that the property boundary moved with the river's actual course, rather than staying fixed to the original, now dry, riverbed shown on the old survey map. This interpretation ensures that the landowner whose deed uses the phrase maintains their riparian rights along the current waterway.