Deed Calls & Meanings

This research has been compiled by Michael F. Brinkash, a Professional Land Surveyor for educational purposes and is not intended for legal means or purposes. Any and all legal reference material included herein should be consulted with an attorney should there be a need for such advice. 

4.1 DEFINITION of a DEED CALL; “to the “Grading” of a Railroad. The “Grading called for in the deed is the “Artificial Monument”. Call made in deed after rails and ties were removed. What remains; the railroad bed or grading.

Deed reads as follows (copy and paste from deed):

A deed calling for “grading” refers to the railroad bed directly under the railroad tracks that has been constructed, graded and built to design of the gradient.

To understand the grading of railroad tracks, consider the following key points:

• Grading refers to the process of leveling and shaping the ground for track

  Installation and when completed is referred to as the Bed of the Railroad.

• Typically the center of the grading is the same location as the center of the tracks.

• It ensures proper drainage to prevent water accumulation on the tracks.

• The grade affects train speed; steeper grades require more power to ascend.

• Proper grading minimizes track wear and enhances safety for trains.

• It involves the use of heavy machinery for excavation and earthmoving.

• Regular maintenance is necessary to maintain the integrity of the track grade.

• A railroad bed is the foundation that supports the tracks of a railway.

• It consists of layers of materials, including ballast, sub-ballast, and sometimes a

  subgrade.

• The ballast, typically made of crushed stone, helps with drainage and stability.

• The centerline of the railroad bed is in the same horizontal location as the

  centerline of tracks.

• The bed distributes the weight of trains to prevent track deformation.

• The bed aids in maintaining proper alignment and elevation of the tracks.

• Regular maintenance is essential to ensure the integrity of the railroad bed.

Examples: Railroad Grading Under Tracks and Side Slopes for Drainage

4.2 DEFINITION of a DEED CALL; “to a Cairn or Stone Cairn” called for in the deed is the “Artificial Monument”. Cairn is a pile of stones.

WITNESS TREE TO CAIRN SHOWN IN BELOW PHOTO

WITNESS TREE, CAIRN AND FALLEN SET STONE

4.3 DEFINITION of a DEED CALL; “to stones, thence along the top of Little Mountain”. The artificial monuments are the two “stones” called for in the deed. The line between them should generally follow the top of “Little Mountain”. The stones called for in the deed could be as few as two stones or many more, creating a stone pile or cairn.

An overlay of a deed plot, onto a portion of a USC&GS Quad map, suggest that the deed distances do not quite reach the top of the mountain. However, in this case stones were found on the approach to the top of the mountain but not quite reaching the top. Once the monuments, as called for in the deed are found and verified against other parts of the deeds the bearings and distances will cease to operate. There is approximately a 50 foot difference between deed distance and found monuments on a 2,739 foot line, whereas: half of the length is on a 40% hillside slope. Original deed date for this parcel is April 1852. The 1400 foot elevation, at the southeast corner, is within about 30 to 50 feet vertically where the stones were found. The surveyor should be mindful of the Act of 1850, 76 P.S. Section 141, (repealed 1949) requiring surveyors to adjust their compasses and compensate for slopes by elevating one end of the chain when making retracement measurements.

PORTION OF A USC&GS QUAD MAP TO SHOW APPROXIMATE RELATIVE LOCATIONS, HORIZONTALLY AND VERTICALLY, DEED VS. FIELD SURVEY

4.4 DEFINITION of a DEED CALL; “thence along a terrain line”. Terrain lines are often created by farming, whereas; there is a difference in elevation from the high to low point of the terrain line. I have seen vertical differences from a few feet to ten feet or more. Other corroborative evidence will be needed to determine if the deed means the top or bottom of the terrain. Most often it is found to be the Top of the Terrain Line.

4.5 DEFINITION of a DEED CALL; “bounded by a road”.

If the land is described as `bounded on,' `running along,' the highway, and the like, the boundary line is the center of the highway, although the dimensions of the lot would exclude the highway; and in all cases of doubt the presumption is always in favor of the boundary being in the center of the road . . . where a street is called for as a boundary, the middle line of the street is always intended, unless the contrary plainly appears, provided grantor had title to the center of the public road. (Firmstone v. Spaeter, 150 Pa. St. 616, 25 A. 41 (1892).)

4.5.1 DEFINITION of a DEED CALL; “bounded by a road”.

Words such as; "along," "with," "by," and other similar words will not stop the title from going to the center of a public road. In addition, the recital of distances that, when measured, stop at the side of the road will not limit the conditional title from going to the center, provided grantor had title.

Where there is no evidence of the grantor's title, it will be presumed to have extended to the middle of the street . . . When it cannot be ascertained that a grantor or past owners of the property ever owned the fee to the center, the assumption is made that they did. (Grier v. Sampson, 27 Pa. 183 (1856).)

4.6 DEFINITION of a DEED CALL; “bounded by a run, stream, or creek”, (non-navigable).

 . . . when a deed calls for a stream . . . or to run by, along, up, or down it, the title will run to the stream, and the marking of trees to identify the lines run to the river, as well as the return, of courses and distances measured along the margin [of the stream] . . . will not restrain the title to the bank or margin only. (Title runs to the center of the stream) (Freeland v. Pennsylvania R. Co., 197 Pa. 529, 47 A. 745 (1901).

4.6.1 RUNNING TO A STREAM - the language which described the line as running “with,” “along,” “by,” “on,” “up,” or “down the stream” (non- navigable) will be construed as carrying title to the center, unless a clear contrary intention appears from the instrument. GA-Mellor v. Walmesley, 2 Ch. 164 (1905). Clark on Surveying and Boundaries, 7^th Edition, Walter G. Robillard & Lane J. Bouman, Section 16.39 Meanings of Words Used in Descriptions,  Page 497.

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