California Surveyors Forums

I am dealing with two parcels that are adjacent to the Pacific Ocean. One deed clearly extends to the mean high tide of the ocean. The adjacent deed includes the following exception:

Excepting any portion of said lend lying outside of the Patent lines of the Rancho San Simeon, as such lines existed at the time of the issuance of the Patent which was not formed by the deposit of alluvion from natural causes and by imperceptible degrees.

So my question is this - If land on the ocean side of a Patent is not included, then who owns it? If is un-patented land, owned by the state, then why do some oceanfront deeds include the exception and others do not?

Is anyone familiar with any case law that has ruled that ocean front property owner owns to the mean high tide, irrespective of the rancho boundary?
In other words, ruling that the rancho boundary is a meander line and not the property line? if so, I'd be interested in the case reference.

Mike Stanton, PLS5702

For whatever reason, I could not view your attachment, but I will take a stab at your question. Have you looked at the field notes for the Rancho? Most ranchos call to and along the water body. This often happens even if the survey follows a high bluff. As long as the call is to the water body, the water boundary would be the controlling feature. Thus there would be no land between the Rancho boundary and the State boundary. If the said patent line along the coastal portion is a call to the water boundary, this patent line would be ambulatory as long as the area is not under an artificial influence. As far as I know, the exception sounds like it is specific to land that has formed by non-natural or non-slow and imperceptive means. This land would most likely be considered artificial accretions or fill and would be owned by the State not the upland owner. The boundary would be quasi-fixed at its location prior to the introduction of the artificial influence. Lots of research would have to be completed to determine artificiality.
Jim Koepke, PLS 8487

Absent a lot of documentation, there are a lot of questions. The meander line could be the boundary under some odd situations.

Do you have a title report?

What does the assessor show?

Is there adverse possession?

What do the adjacent deeds show?

Who prepared the deed?

What does the original patent say?

Do you have a chain of title?

What does the original patent show and describe?

Lots of questions.

Good luck!