XIX. Boundary Disputes
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The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com
XIX. BOUNDARY DISPUTES.
1. 1 This rule regarding rescission of purchase and sale has been declared. Hear the laws concerning boundaries of villages, fields, houses, and so forth.
2. 2 The determination of boundaries should be settled at the time of foundation, and it should be marked by visible and invisible signs, so as to dispel doubt.
3. 3 Wells, tanks, pools, large trees, gardens, temples, mounds, channels, the course of a river, reeds, shrubs, or piles of stones:
4. By such visible signs as these a boundary line should always be caused to be marked; also, by other (marks) deposited underground which the earth is not likely to destroy.
5. 5 Dry cowdung, bones, chaff, charcoal, stones, potsherds, sand, bricks, cows’ tails, cotton seeds, and ashes:
6. After having placed these substances in vessels, one should deposit them underground at the extremities of the boundary. After that, one should take care to point them out to youths and infants.
7. 7 These (youths and infants) should again show them to their own children, after having grown old;
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by knowledge thus passing from one generation to the other, doubts regarding boundaries may be obviated.
8. 8 In disputes regarding a house or field, the decision belongs to the neighbours, as well as to the inhabitants of that town or village, or to members of the same society, and to the elders (of that district).
9. (Likewise, to) husbandmen, artizans, servants, cowherds, hunters, gleaners, diggers of roots, fishermen, kinsmen, mischief-makers, and robbers.
10. 10 After having been adjured by imprecations befitting their station, they shall determine the boundary, and shall indicate the marks deposited underground, as evidence. Such is the law.
11. 11 In default of witnesses and signs, even a single man, agreeable to both parties, may fix the boundary, wearing a red garland of flowers and a red cloak, putting earth on his head, adhering to truth, and having kept a fast.
12. 12 Neighbours born in that district, though they be living abroad, are termed natives of the place; they should be consulted in the decision of a suit.
13. What they should declare in a doubtful case, as honest men and impartial to both parties, shall be held decisive; thus justice will not be violated.
14. 14 Those are witnesses in a suit of this kind who know the title of acquisition, the size, the duration of the enjoyment, the name, and the characteristics of the land in question.
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15. 15The same rule holds good in all suits concerning immovable property. If their statements do not agree, they shall be made to pay the highest fine.
16. 16 Supposing a piece of land to have been taken from a village belonging to one man, and given to another man, either by a large river or by the king, what should be decided in that case?
17. The land abandoned by a river or granted by the king belongs to him who receives it. Otherwise, there would be no acquisition through fate or the king among men.
18. Loss and gain and life among men depend on the act of fate and of the king; therefore, in all affairs, what is effected by them must not be rescinded.
19. When a river has been fixed as the boundary line between two villages, it shall never be removed, on account of loss or gain arising (from that river to either village). He who removes it, is liable to punishment.
20. The encroachment (of a river) on one side produces an increase of land elsewhere in banks of rivers; that (increase) must not be taken from him (who gets it).
21. 21 When land is carried away by the swift course
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of a river overflowing a tilled piece of ground, the previous owner shall recover it.
22. When land is taken from one man by a king actuated by anger or avarice, or using a fraudulent pretext, and bestowed on a different person as a mark of his favour, such a gift is not considered as valid.
23. 23 When (however) land is taken from a person enjoying it without a legitimate title of ownership, and given to a worthier person, (the latter) must not be deprived of it.
24. 24 A house, pool, shop or the like having been used by a man since the time of its foundation, must not be taken from him, nor diminished or altered.
25. 25 A window, a watercourse, a peg projecting from a wall (used to hang things upon), a shed (erected in a courtyard), a square of four buildings, and a channel for the exit of water (after a rainfall), must not be blocked up, when previously constructed.
26. 26 A privy, a fireplace, a pit, or a receptacle for leavings of food and other (rubbish), must never be made very close to the house of another man.
27. 27 A passage by which men and animals go to and fro incremented is called Samsarana, and must not be obstructed by any one.
28. 28 He who purposely crowds such a place (by carts and the like), or makes a pit, or plants trees, or voids excrements, shall pay a Mâshaka as a fine.
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29. 29 When a man has leased ground, he shall sow and watch it, and reap the harvest in due season. If he fails to, do so, he shall be compelled to make good the average value of the crop to the owner.
Footnotes
351:2 Ratn. p. 202. 'Invisible signs' are substances deposited underground.
351:3 3, 4. Viv. p. 120; Ratn. p. 203; Vîram. p. 452.
351:5 5, 6. Ratn. p. 204; May. p. 134; Vîram. pp. 452, 453.
352:10 Ratn. p. 210; Vîram. p. 457.
352:11 Vîram. p. 458; Ratn. p. 211; Viv. p. 122; May. p. 134.
353:15 Vîram. p. 457; Smritik.
353:16 16-23. Ratn. pp. 216, 217; Viv. pp. 123, 124; Vîram. pp. 461, 462. The second half of 19 is read as follows in the Vîramitrodaya, '(The river) effects gain or loss, according as people are lucky or unlucky.' This reading may have crept in from 16. For taulyâ, I read kâlyâ, with Vîram.
353:21 Such a tilled piece of land shall be made over to the previous owner till the harvest is over. When the harvest is over, the previous rule (20) holds good. Vîram.
354:23 I read vai dattâ, with Vîram., for vâdeyâ or vâdattâ (Ratn., Viv.).
354:24 Viv. p. 124; Vîram. p. 463; Ratn. p. 219.
354:25 Viv. p. 124; Vîram. p. 465; Ratn. p. 219.
354:26 Viv. p. 125; Vîram. p. 464; Ratn. p. 219; May. p. 135.
354:27 May. p. 136; Viv. p.125; Ratn. p. 220; Vîram. p. 464.
354:28 Vîram. p. 465; May. p. 136.
355:29 Viv. p. 129; Ratn. p. 229.
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