The Forgotten History of Metes and Bounds

66 Pages Posted: 23 Apr 2018 Last revised: 7 Aug 2018

Maureen (Molly) Brady

University of Virginia - School of Law

Date Written: April 19, 2018

Abstract

Since long before the settling of the American colonies, property boundaries have been described by the “metes and bounds” method, which is a highly customized system dependent on localized knowledge of movable stones, impermanent trees, and transient neighbors. The metes and bounds system has long been the subject of ridicule, and a recent wave of law-and-economics scholarship has argued that land must be easily standardized to facilitate market transactions and yield economic development. However, historians have not yet explored the social and legal context surrounding earlier metes and bounds systems—obscuring the important role that highly customized property can play in stimulating growth. Using new archival research from the American colonial period, this Article reconstructs the forgotten history of metes and bounds within recording practice. Importantly, the benefits of metes and bounds were greater—and the associated costs lower—than ahistorical examination of these records would indicate. The rich descriptions of the metes and bounds system were customized to the preferences of American settlers and could be tailored to different types of property interests, permitting simple compliance with recording laws. While standardization is critical for enabling property to be understood by a larger and more distant set of buyers and creditors, customized property practices built upon localized knowledge serve other important social functions that likewise encourage development.

Keywords: property, land recording, land use, development, dispute resolution, metes and bounds, property theory, social norms, perambulation

Suggested Citation

Brady, Maureen (Molly), The Forgotten History of Metes and Bounds (April 19, 2018). Yale Law Journal, Forthcoming; Virginia Public Law and Legal Theory Research Paper No. 2018-26. Available at SSRN: https://ssrn.com/abstract=3165744

Maureen (Molly) Brady (Contact Author)

University of Virginia - School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States

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