Property Descriptions – Boundaries
Art. 784. Boundary; marker. A boundary is the line of separation between contiguous lands. A boundary marker is a natural or artificial object that marks on the ground the line of separation of contiguous lands.
Art. 785. Fixing of the boundary. The fixing of the boundary may involve determination of the line of separation between contiguous lands, if it is uncertain or disputed; it may also involve the placement of markers on the ground, if markers were never placed, were wrongly placed, or are no longer to be seen. The boundary is fixed in accordance with the following rules.
Art. 786. Persons who may compel fixing of boundary. The boundary may be fixed upon the demand of an owner or of one who possesses as owner. It may also be fixed upon the demand of a usufructuary but it is not binding upon the naked owner unless he has been made a party to the proceeding.
Art. 788. Imprescriptibility of the right. The right to compel the fixing of the boundary between contiguous lands is imprescriptible.
Art. 789. Fixing of boundary judicially or extrajudicially. The boundary may be fixed judicially or extrajudicially. It is fixed extrajudicially when the parties, by written agreement, determine the line of separation between their lands with or without reference to markers on the ground.
Art. 790. Costs. When the boundary is fixed extrajudicially costs are divided equally between the adjoining owners in the absence of contrary agreement. When the boundary is fixed judicially court costs are taxed in accordance with the rules of the Code of Civil Procedure. Expenses of litigation not taxed as court costs are borne by the person who has incurred them.
Art. 795. Effect of boundary agreement. When the boundary is fixed extrajudicially, the agreement of the parties has the effect of a compromise.
