The Law of Operations Preliminary to Construction in Engineering and Architecture: Rights in Real Property, Boundaries, Easements, and Franchises : for Engineers, Architects, Contractors, Builders, Public Officers, and Attorneys at Law

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J. Wiley & Son, 1900 - Architects - 638 pages

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Contents

Estate of Inheritance
14
Estates for Life
15
Dower Curtesy and Homestead
16
An Estate for Years
17
Estate at Will
18
Estate in Reversion
19
Joint Estate
20
Estate in Severalty
21
TITLE TO PROPERTY HOW ACQUIRED SECTION PACB 31 Acquisition of Real Property
23
Title Acquired with Assistance of Former Owner
25
Partnerships Interest in Realty
26
Interest of Corporation in Realty
27
CHAPTER IV
29
Subjectmatter or Thing to be Conveyed
30
Operative Words of Conveyance
32
Alterations
33
PART II
34
Rights and Liabilities of Persons Holding under Riparian Owners
35
Rights of the Public and of Riparian Owners to Waters
36
Riparian Rights Incident to Ownership of Land
37
Appropriation of Waters by Riparian OwnersExtent of Use
38
Reasonable Use of WatersHow Determined
39
Appropriation of Waters by Nonriparian Owners or for Nonriparian Purposes
40
Appropriation of Waters for Municipal Watersupply
41
Appropriations for Industrial Purposes
42
CHAPTER VI
44
Local Irrigation Laws
45
Irrigation Rights by Prior Appropriation
47
Prior Appropriator vs Riparian Owners
49
Priority in Appropriation
50
Abandonment of Irrigation Rights
62
CHAPTER VII
66
Detention of Waters by Dams
67
Alternate Obstruction and Release of Waters
68
Backing Up and Overflow of Waters Dammed
69
Injunction to Prevent the Detention or Obstruction of Waters
71
Maintenance and Repair of Dam
72
Liability for Injuries to Dam
73
CHAPTER VIII
74
Obstruction of Outlet to Pond
75
Diversion of Stream into New Channel
76
Excavating and Deepening the Channel of a Stream
77
Riparian Owners whose Rights are Not Affected Cannot Complain
79
Measure of Damages for Diversion of Waters
80
Obstruction by Bridges Culverts and Embankments
81
Structures must Provide for Ordinary Floods and Freshets
82
What was an Extraordinary Flood Is a Question for the Jury
83
Liability for Obstruction During Erection Authorized by Law
84
Stream Contracted by Structure and Consequent Overflow
85
Structures must be Kept Free of Obstructions
86
Openings in the Clear for Navigation
87
CHAPTER IX
90
Return of Stream to its Old Channel
91
Protection ot Land from Encroachment of Stream
92
Riparian Owners Have Equal Riehts to Protect their Lands
93
Deflection of Stream Against Lower Riparian Owner
94
CHAPTER X
96
Powers Conferred by the Legislature upon Water Companies
97
Negligent Construction of Waterworks
98
Private Water Companies
99
Quantity and Quality of Watersupply
100
Public Character of Water Companies
102
Rules and Regulations of Water Company
103
Ice and the Ice Industry
104
Character of Property in Ice
105
Ice Formed on Navigable Streams
106
Ice Formed on Lakes and Ponds
107
Owners of Water and Ice are the Same
108
Measure of Damages for Taking Ice
109
CHAPTER XI
110
172a Watercourse Defined and Distinguished
111
Overflow of Watercourses
114
Property in Surfacewaters
115
Different Laws in Different States
116
Improvements on Land under the Common and Civil Law Rules
117
Drainage of Ponds Stagnant Bodies etc
119
Eavestroughs Gutters and Conductors
120
Discharge of Roofwaters Snow and Ice into Street
121
Drainage of Surfacewaters into Watercourses
122
Prescriptive Rights to Drainage of Surfacewater
123
Control and Regulation of Surfacewaters by Municipal Corporations
124
Surfacewater Discharged or Detained by Grading Streets
125
Liability for Defective Construction or Inferior Materials
126
Accumulation and Discharge of Waters upon Private Lands
127
Liability for Negligent Construction
129
Measure of Damage from Diversion of Surfacewaters
130
What Damages may be Assessed
131
CHAPTER XII
132
SUCTION FACE 203 Sources of Pollution
133
Degree of Pollution that will be Enjoined
134
Reasonable Use of Waters of a Stream
135
Instances of Reasonable Use
136
An Injunction or Damages may be Had for Pollution
137
Purification of Sewage Required
138
Parties to Suit to Prevent Pollution
140
Pollution of Stream by Joint Wrongdoers
141
Pollution of Watercourses by Mills Factories and Works
142
Pollution from Mining Operations
143
Injunction Granted when No Damages are Suffered
144
Pollution by Refuse from Gasworks
145
Measure of Damages for Pollution of Waters
146
CHAPTER XIII
147
Uses of Navigable Streams
148
Navigability does Not Depend upon Improvements
149
Nontidal Rivers
150
Rights of Public in Navigable Waters
151
Navigable Inland Rivers are Usually Public Property
152
Waters Between States
153
Improvement of Navigation Paramount to Individual Rights
154
Obstruction of Navigable Waters
155
Streams for Floating Logs and Timber
157
Banks and Shores of Navigable Waters and their Use
160
Rules and Restrictions Governing the Use of Navigable Waters
161
CHAPTER XIV
162
Percolating Waters Distinguished from Surface Currents
163
Sapping and Diverting Sources of Springs and Wells
165
255 Springs and Wells Drained by Construction of Public Works
166
Subsurface Currents Known and Defined
167
Presumption that Waters are Percolating
168
2sg Underground Currents Compared with Watercourses
169
Rights to Waters of Springs and Wells as between Grantor and Grantee
170
Prescriptive Rights in Underground Waters
171
Pollution of Underground Waters
172
Contamination that Amounts to a Nuisance
173
Negligence an Element in Determining Liability for Fouling Subterranean Waters
174
If Acts Amount to Nuisance
175
Negligence may Fix Liability
176
Injunction wi l Issue to Prevent Fouling of Groundwaters
177
Percolations which are Artificial or Enforced
178
Negligence to Accumulate Waters under Pressure and Permit to Escape
180
Diversion and Obstruction of Underground Currents
181
CHAPTER XV
182
Gas and Oil in Grants of Mineral Rights
183
Rights Incident to the Operation of Gas and Oilwells
184
Gas Companies their Incorporation Organization and Control 286 Ownership of Minerals and Metals in Land
185
CHAPTER XVI
187
Injuries Result from Escaping or Induced Electric Currents
189
Electrical Litigation is Between Owners of Franchises and Not Landowners
191
Litigation over Electrical Disturbances between Public Corporations
192
Superior Rights in Streets Determined by Uses Incident to Travel
193
CHAPTER XVII
195
Instances of Interference with Light and Air
196
Public and Private Nuisances
197
Ordinances to Prevent Smoke Nuisance 118
198
Vapors and Odors from Gasplant
199
o6 Acts that Create Nuisances
200
Interference of Air and Light by Boundary Walls and Overhanging Structures
201
CHAPTER XVIII
203
Ownership of Trees Growing Near Boundaryline
204
Liability for Destruction of Linetrees
205
Property in Overhanging Fruit of Trees
206
Actions for Injuries from Overhanging Trees
207
Trees that Overhang a Public Way
208
Measure of Damages for Destruction of Trees
209
Rights of Landowner to Lateral Support for his Land by the Land of his Neighbor
210
Landowner is Entitled to Support of Land Alone
211
Statutory Laws in Large Cities
212
Easement of Extra SupportHow Acquired
214
Easement to Extra Support Acquired by Prescription
215
In Making Improvements on Ones Land the Owner must Exercise Care
216
Notice to Neighbor of Excavation should be Given
218
Measure of Damages for Loss of Support
219
What Care and Diligence must be Exercised
220
Liability for Failure to Exercise Care
221
Right of Support for Surface of Ground
222
Lateral Support of a Structure
225
What Constitutes a Partywall
227
Destruction or Demolition of Partywalls
228
Erection of Wall or Fence to Obstruct Light and View
229
Openings in a Partywall
230
CHAPTER XIX
232
Engineers and Surveyors as Trespassers
233
Trespass Committed by Surveyor or Engineer when a Public Officer
235
Trespass by Government Surveyors
237
Surveyors Interference with Travel on Highways
239
PART III
241
Phraseology of a Description is Important
242
Government Boundaries
243
68 Boundaries Established by Law
244
Boundaries Described by Natural Objects
245
CHAPTER XXI
247
Beaches Shores and Banks as Boundaries
248
Property in Beaches Shores and Banks
250
Beaches and Shores Described as Boundaries
251
Streams and Rivers as Boundaries Effects of Erosion and Accretion
252
Accretions go to Riparian Owners
254
Accretions to Public Streets and Ways
256
Ownership of Land Reformed upon a Site Washed Away
257
Accretions to Lands upon Lakes Ponds and Harbors
258
What may be Done to Prevent Encroachments or to Promote Accretions
260
Determination of Boundaries of Land Acquired by Accretion or Reliction
261
Connection of Monuments with Inaccessible and Imaginary Bounds
266
Subdivision of Lowlands Reclaimed
267
Submerged Lands the Subject of Sale Patent and Lease
268
CHAPTER XXII
271
Practical Commonsense Rule Applied
272
Effect of Field Operations on Descriptions of Boundaries
273
Construction of Deed is Largely a Question of Intention
274
To the Bank or Shore thence up the Stream
276
Expressions that do Not Carry Boundary to Waters Edge
279
Middle Line of Streams the Boundary
280
Meanderlines do Not Always Determine the Boundaries
281
Should Area Given Include Bank and Bed of Stream?
283
The Question of Boundaries is Determined by the Laws of the State
284
Boundaries on Navigable Waters
286
BOUNDARIES ON LAKES AND PONDS
291
Boundaries on Natural Lakes and Ponds 288
292
Shore Beach Bank or Waters Edge of Lakes and Ponds
293
Receding of Waters of Lakes and Ponds
294
CHAPTER XXIV
297
Boundaries of Islands
301
CHAPTER XXV
302
Rights of Abutting Owners to the Soil of Streets
303
Ownership of Whole Width of Street
304
Boundary Affected by Changes in Street or Way
305
Presumption of Law that Abutting Owners Hold Title to Street
306
Boundary On By Along Upon a Public Way
308
Middle Line of Street the Boundary
309
The Intention of the Parties must Prevail
311
Intersection of Streets or Roads
312
Boundaries on Private or Unaccepted Streets
313
Reservation of Narrow Strip of Land as Boundary of a Village
314
Ministerial Duties of Arbitrators may be Delegated
324
Powers of Surveyors as Arbitrators to Summon Witnesses and Conduct Investigation
325
Surveyors as Arbitrators must Act Together
326
Surveyors Powers are at an End when Award is Made
327
The Award must be Possible
328
CHAPTER XXVII
329
Boundaries Designated by Grantor at Time of Transfer
330
SaCTION PACE 494 Surveyors may Not Change Boundaries that Parties have Themselves Fixed
331
The Agreement and Acquiescence does Not Effect a Conveyance
332
Parol Agreements to Settle Disputed Boundaries
333
Agreements in Regard to Boundaries Not in Dispute
334
Acquiescence and Occupation Required for What Period
336
Period of Occupation and Acquiescence Dependent on Express Agree ment
338
182
340
CHAPTER XXVIII
342
Brief History of Rights by Adverse Possession
343
Essential Elements of Adverse Possession to Give Title
344
Adverse and Hostile Character of Possession a Question of Intention
347
Possession Held under a Mistake may be Adverse and HostileColor of Title
349
Possession by Agreement and Acquiescence is Adverse
350
What Constitutes Adverse Use
351
Land should be Inclosed
354
Payment of Taxes
355
Adverse Possession must be Open Visible and Notorious
356
Adverse Possession of Mines
358
Owner must have had Notice of Adverse Possession
359
The Possession must be Continuous and not Interrupted
360
What is an Abandonment or Interruption
361
Exclusive Possession and Interruption Determined by Location and Char acter of Land
363
533 Color of Title and Good Faith 304
364
There can be No Adverse Possession against the Public nor the Repre sentative Government
365
Adverse Possession of Railroad Right of Way
367
CHAPTER XXIX
369
Sufficiency of Description
371
A Description is Sufficient if the Land can be LocatfH
372
Insufficient Imperfect and Ambiguous Descriptions
373
Surplusage in a Description will be Rejected
375
SECTION PACK 549 A General Description will Answer if the Particular Description Fail
376
Effect of Omissions in a Description
377
Certain Parts of Description Omitted may be Supplied
379
Land Described may be Shown to have Belonged to Grantor
380
553 When Description Applies to Two Estates
381
Land Described by Familiar Name in Community
382
Land Described as a Part of a Whole
383
Insufficient Description Cured by Reference to a Map or Deed
384
Grantee or Devisee Uncertain
386
Intention of Parties will Prevail if it can be Ascertained from Deed
387
Conveyance Not Located Give Undivided Interest
388
Signs Symbols and Abbreviations in Descriptions
389
Poor Spelling and Grammatical Errors in Description
390
CHAPTER XXX
391
The Intention of Parties will Prevail
392
Controlling Factors when Intention is Not ClearMonuments Control
393
It is the Policy of the Law to Maintain Existing Boundaries
394
Relative Importance of Different Calls in a Description
395
Monuments Control in Government Surveys
396
When Monuments are Lost or Destroyed
397
183
398
Identification of MonumentsEvidence Admissible
399
Fences as Monuments
400
Calls for Adjoiners against Courses and Distances
401
Calls for Adjoiners against Points of Compass j
402
Adjoining and Cornering Estates
403
Courses Held to Govern Distances
404
Calls for Courses and Distances against Area or Acreage
406
Effect of Reoresentations as to Quantity
407
More or Les Meaning of Words when Quantity is Stated
410
More or Less when Land is Described by Metes and Bounds
411
Moreor Less Applied to Linear Distances
412
Description by Lot Number of Map or Plan Referred to
413
Monuments Designated on Mao against Monuments on Land 4A 600 Conflict Between Plat and Fieldnotes of Public Land
416
Older and Later Surveys and GrantsTheir Relative Value
417
Meridians True or Magnetic
418
Measurements to and from Objects Described as Monuments
419
Measurements to or along a Road
420
Measurements to Adjoining Tracts or Structures
421
CHAPTER XXXI
422
Court should Leave Jury Unbiased to Determine Boundary
423
SSCTION AO S13 Maps and Plans Referred to in a Deed Become a Part Thereof
425
Maps and Plans Referred to are Evidence of Boundaries
426
Admission of Fieldnotes as Evidence
427
Traditional Proof of Boundaries
428
Testimony of Old Inhabitants against Paper Title
430
Computing the Age of a Document
431
Maps and Documents Not Received as Evidence
433
Person Making Declarations must have had Peculiar Means of Knowing Boundaries
435
Surveyors Opinion as Evidence when Based upon Knowledge of Facts
436
Person must Not have had an Interest in Making such Declarations
437
Evidence to Establish Startingpoint of Survey
438
Survey made by Direct or Reverse Calls
439
Methods of Closing a Survey in Certain Cases of Error
440
PART IV
443
How Easements are Acquired or Created
444
How an Easement may be Lost or Extinguished
445
Parties Entitled to Enjoy Easement
446
Destruction and Restoration of Easement
447
Abandonment of Easements
448
Easements Lost by Nonuser
449
Extent and Mode of Use of an Easement
450
CHAPTER XXXIII
452
License to Divert Waters by Dams
453
Licenses held Not Revocable on Ground of Contract and Estoppel
454
License to Build Waterworks and Sewers
455
License to Build and Operate Railroad
456
Partywalls Stairways and Passageways etc
457
License the Subject of Transfer 45
458
CHAPTER XXXIV
460
Easements Acquired by Prescription
461
Presumption after Use for Statutory Period Not Easily Rebutted
462
The Prescriptive Use must be Open and Adverse and Not Interrupted
463
The Use Must Not be Interrupted
464
Instances of Interruption
465
Prescriptive Rights Limited to the Prescriptive Use
466
Prescriptive Rights against the State or the Public
468
Prescriptive Rights Acquired by the Public in Ways
469
Encroachments upon Public Ways
471
Tacking the Use of Successive Holders
473
What is Privity of Estates
474
Disabilities to which Owner of Servient Estate is Subject
475
Prescriptive Rights in General
479
CHAPTER XXXV
480
Purposes of Dedication
481
What Constitutes Dedication
482
Who may Dedicate
484
Effect of Dedication
485
Acceptance of Easement Dedicated
486
Nonuser of Right Dedicated
487
Limits and Qualifications
488
Instances of Dedication
489
CHAPTER XXXVI
491
Rights of Way the Subject of a Grant 713 Maintenance of Right of Way over Anothers Land
492
Rights of Way Appurtenant to Land
493
Implied Rights of Way by Necessity 716 Change of Location of Right of Way 17 Obstructing a Right of
495
Erection of Awnings etc in a Street
498
iq Easement of Drain over or through Land 720 Bridges a Part of Highway 721 When Occupation of Public Ways may be Authorized
499
CHAPTER XXXVII
503
Right of WayHow Acquired
504
733 Right of Way Secured by Purchase
505
SECTION PACK 734 Grantor of Right of Way
506
Restrictions on Use of Right of Way
508
737 Rights of Way by Condemnation
509
Rights of Way by LicenseImplied Grants
510
Obstructions to the Right of Way
512
Discretion in Selecting a Route Not Definitely Fixed by Charter
513
Discretion must be Honestly Exercised in Locating Road
514
Effect of Change in Location on Subscriptions Paid or Pledged
515
Prior Location and Occupation of Right of Way
516
Maps Plans etc Describing the Location
517
Terminals of a Railroad
518
Abandonment of Location or Right of Way 510
519
Steam Railroads in Streets and Highways
520
Liability of Municipality for Wrongful Acts of Railroad Company
521
Railroad Companys Liability
522
Statutes in Regard to Steam Railroads on Streets
524
Liability for Injury to Abutting Estates
525
Benefits to Property from Railroads
526
Injuries to Abutting Owners from Elevated Railways in Streets
527
1
528
The Right to Use Streets for Rights of Way
529
Priority in Occupying Streets 53
530
Power of Municipal Corporations to Grant a Right of Way
531
Consent of Municipal Authorities to Occupy Streets
532
Obligations and Conditions Imposed upon Streetrailway Company
534
Consent of Abutting Owners or of City
535
Time Limit for Completion of Road
536
Liability for Defective Track and Structures
537
Construction of Streetrailway Franchises
538
Forfeiture of Streetrailway Franchise
539
Electric Trolley Lines upon Streets and Ways
540
Change of Motive Power on Street Railway
541
CHAPTER XXXIX
542
SECTION PACK 813 Restrictions Imposed by Legislature
543
Owner of Street Entitled to Compensation for Additional Burden
544
Measure of Damages for Use of Street for Telegraph Lines
545
Telegraph Companys Liability for Injuries by Lines and Poles
546
Telegraph and Telephone Line on Railroad Right of Way
547
No Exclusive Rights for Telegraph Lines on Railroads
548
Ways that are Postroads
549
State Statutes Superseded by United States Laws
550
Telegraph Lines across Navigable Waters
551
Rights Attending a Prior Occupation of Right of Way
552
Interference with Telephone Lines by Induction
553
Protection of Wires from Contact with Other Wires
554
Electricrailway Lines and Telegraph and Telephone Circuits
555
Complainant must have Exercised Care
557
CHAPTER XL
559
Pipelines
560
Subways Constructed under License
561
Right to Enter and Open and Occupy Streets
562
Property in Pipelines
563
Grants of Exclusive Use of Streets for Subways
564
Care of SubwaysNegligence
565
Measure of Damages
566
PART V
567
Franchise of a Corporation
569
Power of Eminent Domain
570
Right to Municipal Aid
571
Franchises are Granted Subject to Police Power
572
Franchises which are Subject to Legislation Affecting Remedies
573
The Right to Amend or Repeal Charters Reserved
574
Power to Amend and Repeal Limited
577
Mortgage Sale and Transfer of Franchises 57
578
Transfer of Franchise of Eminent Domain
580
Transfer of Franchises of Exemption from Taxation
581
Sale of Franchises on Execution
582
Extinguishment of Corporate Franchises
583
Extinguishment by Act of Legislature
584
Extinguishment by Forfeiture
585
Corporate Charters and Franchises
586
485
592
486
593
493
594
184
595
185
601
403
606
48 490
610
499
617
503
618
203
620
20_ 205
626
206
630
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Page 584 - This view is sought to be sustained by force of the 10th section of the 1st article of the constitution of the United States, which provides that no State shall pass any law " impairing the obligation of contracts.
Page 151 - This line is to be found by examining the bed and banks, and •ascertaining where the presence and action of water are so common and usual, and so long continued in all ordinary years, as to mark upon the soil of the bed a character distinct from that of the banks, in respect to vegetation, as well as in respect to the nature of the soil itself.
Page 533 - Appellate Division of the Supreme Court, in the department in which it is proposed to be constructed, may, upon application, appoint three Commissioners who shall determine, after a hearing of all parties interested, whether such railroad ought to be constructed or operated, and their determination, confirmed by the court, may be taken in lieu of the consent of the property owners.
Page 63 - a thing is deemed to be incidental or appurtenant to land when it is by right used with the land for its benefit ; as in the case of a way, or of a passage for light, air, or heat from or across the land of another.
Page 500 - But acts done in the proper exercise of governmental powers, and not directly encroaching upon private property, though their consequences may impair its use, are universally held not to be a taking within the meaning of the constitutional provision.
Page 5 - land" includes not only the face of the earth, but everything under it, or over it.
Page 164 - ... from making any use of the spring in his own soil which shall interfere with the enjoyment of the well. He has the power, still further, of debarring the owner of the land in which the spring is first found, or through which it is transmitted, from draining his land for the proper cultivation of the soil ; and thus, by an act which is voluntary on.
Page 445 - An incorporeal hereditament is a right issuing out of a thing corporate (whether real or personal) or concerning, or annexed to, or exercisable within the same. It is not the thing corporate itself, which may consist in lands, houses, jewels, or the like ; but something collateral thereto, as a rent issuing out of those lands or houses, or an office relating to those jewels.

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