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(Civil law) Action for the regulation of boundaries. An action for the partition of real property or to if fix boundaries between parties.
An action for fixing the boundaries of adjoining lands. This action was competent to either proprietor when the land marks had been fraudulently removed, or if they had decayed, and the judge was entitled to mark out the boundaries, when he had ascertained that his intervention was necessary. In fixing the boundaries, the judge was invested with considerable discretionary power, and could for the purpose of making the boundary more clear, adjudge part of the land belonging to one, to belong to the other, sentencing the latter to pay the former the price of land so adjudged, which price the judge himself fixed. The effect of such adjudication was to transfer immediately the property to the person in whose favor it was made. Sheriffs, and other judges-ordinary in Scotland, are vested with a somewhat similar power. By the Act 1669, cap. 17, they are authorized, where a landholder proposes to enclose any part of his grounds, to appoint, at his suit, a visitation of the marches between him and the adjacent proprietors; and where ...
