Boundary Dispute

120 Florida cases classified under this topic · sorted by citation count · see the citation graph

• Arizona v. California
  460 U.S. 605· U.S.· 1983-03-30 ·cited 393×
  The Court held that the 1964 decree's determination of practicably irrigable acreage for Indian reservations precludes relitigation of that issue, as Article IX of the decree does not permit reopening fully litigated factual matters absent changed circumstances.
• United States v. Louisiana
  363 U.S. 1· U.S.· 1960-05-31 ·cited 219×
  The Court's interpretation of the Submerged Lands Act, granting Texas and Florida three leagues while limiting other Gulf States to three miles in some areas, is unfair and contrary to congressional intent.
• Simmons Creek Coal Co. v. Doran
  142 U.S. 417· U.S.· 1892-01-04 ·cited 186×
  In this property dispute, Simmons Creek Coal Company appealed a decree requiring it to establish the true boundaries of a tract of land based on a lost deed and correction of recorded deeds with boundary errors. The Supreme Court affirmed that the lower court properly established
• The State of R.I. Providence Plantations v. the Commonwealth of Mass.
  12 Pet. 657· U.S.· 1838-01-01 ·cited 146×
  Rhode Island and Massachusetts disputed their northern boundary, with Rhode Island seeking to establish the line based on their original colonial charters while Massachusetts relied on a 1710-1711 agreement fixing the boundary at a point allegedly marked by surveyors Woodword and
• Choctaw Nation v. United States
  119 U.S. 1· U.S.· 1886-11-15 ·cited 143×
  The Choctaw Nation sued the United States to settle all outstanding disputes between them arising from treaties, claiming the United States had breached its treaty obligations and seeking compensation for lost lands and unfulfilled promises. The Supreme Court held that the Senate
• Johnson v. Wilhelmina Reynolds
  97 Fla. 591· Fla.· 1929-04-16 ·cited 116×
  In this ejectment action over a strip of land in St. Lucie County, the Florida Supreme Court reversed a judgment for the plaintiff, holding that the trial court committed reversible error by refusing to allow the defendant to amend its plea to one denying possession and by seatin
• Watrous v. Morrison
  33 Fla. 261· Fla.· 1894-01-01 ·cited 66×
  In this ejectment action, Morrison sought to recover a disputed 4.97-acre parcel claimed to be part of Lot 1, while Watrous claimed it as part of Lot 2 based on adverse possession. The Supreme Court of Florida reversed the judgment and awarded a new trial, finding multiple instru
• State of Okla. v. State of Tex. United States
  260 U.S. 606· U.S.· 1923-01-15 ·cited 64×
  Oklahoma and Texas disputed which line constituted the boundary between them along the Red River as established by the 1819 Treaty between the United States and Spain, specifically whether the boundary ran along the south bank of the river or at the low water mark. The Supreme Co
• United States v. Texas
  162 U.S. 1· U.S.· 1896-03-16 ·cited 57×
  The United States sued Texas to resolve a boundary dispute over a territory known as Greer County, asserting that the land between the North and South Forks of the Red River belonged to the United States as part of Indian Territory under the 1819 treaty with Spain, while Texas cl
• Missouri v. Nebraska
  197 U.S. 577· U.S.· 1904-12-19 ·cited 55×
  Missouri and Nebraska agreed to settle their dispute over the location of their boundary line along the Missouri River based on surveys marking the original banks of the river and the middle of the old channel prior to an 1867 avulsion. The Supreme Court accepted this agreement a
• Cal. Ex rel. State Lands Comm'n v. United States
  457 U.S. 273· U.S.· 1982-06-18 ·cited 44×
  Federal common law, as indicated by the Submerged Lands Act, applies to resolve title disputes concerning artificially caused accretions on oceanfront property owned by the United States.
• United States v. Williams
  441 F.2d 637· 5th Cir.· 1971-04-05 ·cited 42×
  The court held that while the defendants were entitled to a jury trial on the legal issues of trespass and title, the evidence was insufficient to create a jury question, thus a directed verdict for the government was proper as to Williams. However, the court reversed and remande
• Oklahoma v. Texas
  272 U.S. 21· U.S.· 1926-10-11 ·cited 34×
  Oklahoma sought to resolve boundary disputes with Texas, and Texas filed a counterclaim challenging the location of the 100th meridian line that forms the boundary between them. The Court held that neither the Jones, Brown and Clark line (surveyed in 1859-1860) nor a line running
• Massachusetts v. NEW York
  271 U.S. 65· U.S.· 1926-04-12 ·cited 32×
  Massachusetts sought to establish ownership of a strip of land along Lake Ontario's shore in Rochester, New York, arguing it had acquired title to the lake bed through the 1786 Treaty of Hartford and retained it after granting land to Phelps and Gorham. The Supreme Court held tha
• Miller v. Fountain J. White
  23 Fla. 301· Fla.· 1887-06-01 ·cited 32×
  In this ejectment action, the Florida Supreme Court reversed a jury verdict for the defendant, holding that the official U.S. Government survey plat and field notes conclusively established the plaintiffs' ownership of land north of the Choctawhatchie River, and that the defendan
• Arizona v. California
  530 U.S. 392· U.S.· 2000-06-19 ·cited 31×
  The United States' claim for additional water rights is barred by res judicata because the claim could have been brought in prior proceedings.
• Doe on the Demise of Maria Daggett v. Chas. Willey
  6 Fla. 482· Fla.· 1855-04-01 ·cited 31×
  This ejectment action involved competing land claims in Jacksonville, Florida, stemming from Spanish land grants. The court affirmed a jury verdict for the defendant, holding that parol evidence of boundary agreements and long acquiescence by the parties could establish the true
• C.Y. Tyson v. Edwards
  433 So. 2d 549· Fla. 5th DCA· 1983-05-12 ·cited 30×
  This case establishes the fundamental principle that when a discrepancy exists between a surveyor's physical monuments and boundary lines placed on the ground and the written plat purporting to depict that survey, the ground monuments control. The court rejected appellants' argum
• Simons v. Vinson
  394 F.2d 732· 5th Cir.· 1968-05-03 ·cited 29×
  The court held that sovereign immunity should not be permitted to nullify a mandatory constitutional command and that the United States Courts should be open to allow appellants to prove their ownership of property.
• Blackburn v. Fla. W. Coast Land & Dev. Co.
  109 So. 2d 413· Fla. 2d DCA· 1959-02-20 ·cited 27×
  The Blackburns appealed a lower court decision rejecting their claims to land between an old fence and the true range line, which appellees held by paper title. The court affirmed, holding that title cannot be created by estoppel, that acquiescence requires a dispute recognized b
• Stark et ux. v. Marshall
  67 So. 2d 235· Fla.· 1953-09-11 ·cited 27×
  The Florida Supreme Court affirmed the dismissal of a counterclaim against third-party defendants (the Marshalls) in a boundary line dispute. The court held that the Marshalls, who owned an adjacent lot not directly involved in the boundary dispute between the original parties, w
• Otto H. Kahn v. Del. Sec. Corp.
  114 Fla. 32· Fla.· 1934-02-19 ·cited 27×
  In this boundary line dispute, the Florida Supreme Court reversed a judgment in favor of Delaware Securities Corporation in an ejectment action against Otto H. Kahn over a narrow strip of land. The Court held that the plaintiff failed to present sufficient evidence to locate the
• Alden v. Pinney
  12 Fla. 348· Fla.· 1868-01-01 ·cited 25×
  Pinney sued Alden in equity to enjoin construction of an ice house on submerged land in front of his lot in Pensacola, claiming riparian proprietor rights. The Florida Supreme Court reversed the lower court's decree granting the injunction, holding that Pinney failed to prove he
• Coffee v. Groover
  20 Fla. 64· Fla.· 1883-06-01 ·cited 24×
  In this ejectment action, the Florida Supreme Court affirmed a jury verdict awarding the Groover heirs recovery of 48/49ths of disputed land in Madison County and $500 in damages against Coffee. The court held that grants by a government de facto of disputed territory are valid,
• Devoe Mfg. Co.
  108 U.S. 401· U.S.· 1883-05-07 ·cited 24×
  The Supreme Court held that the District Court of New Jersey properly exercised jurisdiction over a tugboat seized in the Kill van Kull between Staten Island and New Jersey, determining that federal judicial districts' boundaries automatically adjust when state boundaries change
• Calder v. Hillsboro Land Co.
  122 So. 2d 445· Fla. 2d DCA· 1960-08-05 ·cited 23×
  In this boundary dispute involving government survey lands near Pompano Beach, Florida, the court determined that Lake Placid is the actual water boundary between Government Lots 3 and 4 as established by the original 1870 federal survey, despite the meander line plotted from the
• California v. Nevada
  447 U.S. 125· U.S.· 1980-06-10 ·cited 22×
  Longstanding acquiescence by states in a boundary line can give it legal force, irrespective of the federal government's initial authority to draw that line. Ownership disputes of borderlands should be resolved in other forums.
• United States v. Patterson
  206 F.2d 345· 5th Cir.· 1953-08-25 ·cited 22×
  The court held that the trial court erred in deciding the boundary dispute as a matter of law and in assessing costs against the United States. The United States does not waive sovereign immunity by filing suit.
• Mickey Edwards v. Carter
  580 F.2d 1055· D.C. Cir.· 1978-04-06 ·cited 20×
  The Court held that the President and Senate can dispose of U.S. property via treaty without House approval, as Article IV, § 3, cl. 2 is not exclusive.
• United States v. Doyle
  468 F.2d 633· 10th Cir.· 1972-11-06 ·cited 19×
  The court held that the trial court did not err in finding the original corner monument lost and in accepting the boundary established by the 1965 resurvey, as the record supported these findings.
• Bailey v. Hagler
  575 So. 2d 679· Fla. 1st DCA· 1991-01-25 ·cited 18×
  This appeal involves a boundary line dispute between neighboring property owners where the trial court established the boundary between the Bailey and Hagler properties. The court affirmed the boundary determination based on evidence supporting both adverse possession by Bailey a
• Ohio v. Kentucky
  410 U.S. 641· U.S.· 1973-03-05 ·cited 18×
  The Court denied Ohio's request to amend its complaint to plead an alternative boundary theory, effectively ruling on the merits prematurely.
• Abbott Sekaquaptewa v. MacDONALD
  575 F.2d 239· 9th Cir.· 1978-05-15 ·cited 16×
  The prior decision in Healing II, affirmed by the Supreme Court, adjudicated the rights to the disputed 50,000 acres, and therefore, res judicata or collateral estoppel bars relitigation.
• Mississippi v. Arkansas
  415 U.S. 289· U.S.· 1974-02-26 ·cited 16×
  The Court affirmed the Special Master's findings, determining that Luna Bar was formed by accretion and thus belongs to Mississippi, as Arkansas failed to meet its burden of proof.
• Stonewall Phosphate Co. v. Peyton
  39 Fla. 726· Fla.· 1897-06-01 ·cited 16×
  Stonewall Phosphate Company challenged an injunction preventing it from mining phosphate on disputed land. The Florida Supreme Court held that when actual field surveys establish boundary markers, those physical boundaries control over the equal division method used by land offic
• Von King v. Carden
  237 So. 2d 26· Fla. 1st DCA· 1970-06-18 ·cited 12×
  The Kings appealed an ejectment suit judgment denying them recovery of a western strip of land from Pittman. The trial court found that the Kings and Pittman had established the western boundary by acquiescence and agreement along an existing fence line rather than the true surve
• Garrett v. United States
  407 F.2d 146· 8th Cir.· 1969-02-12 ·cited 12×
  The court affirmed the district court's judgments, finding that the taking of a fee simple included lesser interests like gravel leases and that earlier rulings on waste and boundary disputes were factually supported and properly decided.
• Wildeboer v. Hack
  97 So. 2d 29· Fla. 2d DCA· 1957-09-18 ·cited 12×
  Peter and Anna Wildeboer appealed a boundary dispute judgment against them. The trial court ruled in favor of John Hack based on the original survey lines of Lauderdale Harbors, and the appellate court affirmed, holding that the original survey must control even when a junior sur
• Bd. of Pub. Instruction of Broward Cnty. v. Boehm
  138 Fla. 548· Fla.· 1939-06-09 ·cited 12×
  The Florida Supreme Court affirmed an order denying the Board of Public Instruction's motion to strike the defendants' answer in an action seeking mandatory injunction to remove alleged encroachments on school property. The court held that the defendants' answer raised justiciabl
• Vermont v. New Hampshire
  289 U.S. 593· U.S.· 1933-05-29 ·cited 12×
  Vermont sought to determine the boundary line between itself and New Hampshire, claiming it extended to the thread of the Connecticut River, while New Hampshire contended it was at the top or westerly margin of the river's west bank. The Supreme Court held that the boundary is lo
• Virginia v. Maryland
  540 U.S. 56· U.S.· 2003-12-09 ·cited 11×
  Riparian landowners' rights to withdraw water are not unlimited and may be restricted by the sovereign that owns the adjacent water body.
• Frank Marshall and wife v. Billy Johnson and wife
  392 So. 2d 249· Fla.· 1980-10-16 ·cited 11×
  This case involves a dispute over the boundary line between two parcels of property sold by Hoer to Marshall and Johnson, concerning the division of shoreline frontage.
• Palm Orange Groves v. Yelvington
  41 So.2d 883· Fla.· 1949-05-10 ·cited 11×
  The court reversed a writ of assistance that would have granted possession of land to the Yelvingtons, who acquired it through tax foreclosure. The appellant, Palm Orange Groves, had a long-standing claim and possession of the land, which was found to be superior to the Yelvingto
• Crenshaw v. Holzberg
  503 So. 2d 1275· Fla. 2d DCA· 1987-01-23 ·cited 10×
  This boundary dispute arose from a discrepancy between an original 1887 Lee County plat showing Lot 1 as 25 feet wide and later hand-drafted copies recorded in Collier County showing it as 33 feet wide. The court held that the original Lee County plat controls as the official rec
• City of Jacksonville v. Broward
  120 Fla. 841· Fla.· 1935-09-16 ·cited 9×
  This case concerns the distribution of an excess of land discovered in a subdivision plat. The court had to decide whether the excess land should be apportioned among all lots according to their widths or if it belonged to specific parties as tenants in common. The court affirmed
• Barba Inv. Co. v. Walker
  350 So. 2d 509· Fla. 1st DCA· 1977-09-22 ·cited 8×
  In a boundary dispute involving property corner markers, the Florida appellate court reversed the trial court's judgment for the appellees, holding that the original government survey monument was a lost corner that could only be reestablished through a dependent survey. The cour
• Dudley v. Meyers
  422 F.2d 1389· 3d Cir.· 1970-03-13 ·cited 8×
  The court held that the plaintiffs failed to establish title to the disputed land because the prior quiet title action did not provide adequate notice to the defendants and the plaintiffs could not rely on the weakness of the defendants' title.
• Froscher v. Fuchs
  130 So. 2d 300· Fla. 3d DCA· 1961-05-25 ·cited 8×
  A boundary dispute between two neighboring property owners was resolved by the trial court using a 1958 survey prepared by the defendant's expert. The appellate court reversed, holding that the survey failed to follow the established legal principle that resurveys must locate pre
• Engel v. United States & the People of the State of Mich.
  258 F.2d 50· 6th Cir.· 1958-08-14 ·cited 8×
  The court held that state statutes of limitation and adverse possession do not bar the United States, and that equitable estoppel and acquiescence defenses were not applicable based on the evidence presented.
• Porter v. Meigs
  74 So. 2d 82· Fla.· 1954-07-30 ·cited 8×
  The Florida Supreme Court reversed a lower court's reformation of property deeds, holding that the deeds should be reformed to describe all land owned by the Bayou Fish Company in Block 18 at the time of conveyance, rather than specifically including Lots 1 and 2, because the con