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

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

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
23
CHAPTER IV
29
Rights and Liabilities of Persons Holding under Riparian Owners
35
Appropriation of Waters for Municipal Watersupply
41
41495
62
CHAPTER VII
66
Maintenance and Repair of
72
Diversion of Waters by Percolation or Subterranean Channels
79
Structures must be Kept Free of Obstructions
86
Protection of Land from Encroachment of Stream
92
SUPPLY OF WATER AND ICE WATER COMPANIES AND WATERWORKS
96
Public Character of Water Companies
102
Owners of Water and Ice are the Same
108
Overflow of Watercourses
114
Eavestroughs Gutters and Conductors
120
Liability for Defective Construction or Inferior Materials
126
92
129
CHAPTER XII
132
SECTION PAGE 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
Springs and Wells Drained by Construction of Public Works
166
Subsurface Currents Known and Defined
167
Presumption that Waters are Percolating
168
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 will 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
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
198
Vapors and Odors from Gasplant
199
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
SECTION PAGE 317 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
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
Boundaries Described by Natural Objects
244
Boundaries Described by Artificial Monuments
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
93
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
Parol Agreements to Settle Disputed Boundaries
333
Proof of Agreement and Acquiescence 499 Parties and Grantees may be Bound by Agreements
334
Acquiescence and Occupation Required for What Period
336
Period of Occupation and Acquiescence Dependent on Express Agree ment
338
Occupation by License is Not Acquiescence or Proof of Agreement
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
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 Located
372
Insufficient Imperfect and Ambiguous Descriptions
373
Surplusage in a Description will be Rejected
375
A General Description will Answer if the Particular Description Fail
376
Land Described by Familiar Name in Community
382
Conveyance Not Located Give Undivided Interest
388
It is the Policy of the Law to Maintain Existing Boundaries
394
Fences as Monuments
400
Calls for Courses and Distances against Area or Acreage
406
More or Less Applied to Linear Distances
412
Meridians True or Magnetic
418
SECTION PAGE 613 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
458
CHAPTER XXXIV
460
Prescriptive Rights Limited to the Prescriptive
466
Tacking the Use of Successive Holders
473
Prescriptive Rights in General
479
Effect of Dedication
485
Settlement of Controversies is Encouraged by the Courts
491
Erection of Awnings etc in a Street
498
Right of WayHow Acquired
504
SECTION PAGE 734 Grantor of Right of Way
506
Restrictions on Use of Right of Way
508
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
Exercise of Authority to Change Route of Road
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
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
CHAPTER XXXVIII
528
The Right to Use Streets for Rights of Way
529
Priority in Occupying Streets
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 PAGE 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
SECTION PAGE 869 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
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
scription 375
595
Determination of Boundaries is Usually for Jury
611
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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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