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Chapter I. Rights of owners.

II. Obligations of owners.



Article I. Incidents of ownership.
II. Boundaries.



Section- 256. W ater.

267. Rights of tenant for life.

258, 259. Rights of tenant for years, Ac.

260. Rights of grantees of rents and reversion.

261. Rights of lessees and their assignees, .tc

262. Application of last two sections.

263. Remedy on leases for life.

264. Rent dependent on life.

265. Remedy of reversioners, ftc.

5 256. The owner of land owns water standing water. thereon, or flowing over1 or under2 its surface, but not forming a definite stream.3 Water running in a definite stream, formed by nature4 over5 or under6 the surface, may be used7 by him as long as it remains there; but he may not prevent the natural8 flow of the stream, or of the natural spring9 from which it commences its definite course, nor pursue, nor pollute10 the same.

1 Broadbent v. Ramsbotham, 11 Exch., 602; better reported, 26 L. J. [Exch.], 122; Rawstron v. Taylor, II Exch., 369, 382.

* Ellis p. Duncan, 21 Barb., 230; Acton p. Blundell, 12

M. & W., 324; Chasemore p. Richards, 7 H. of L.
Cos., 349.

* Chasemore v. Richards, supra; see Dickinson r. Grand

Junction Canal Co., 7 Exch., 282, 301.

* Wood ». Waud, 3 Exch., 748; Greatrex p. Hayward, 8 id.,

291. But compare Belknap p. Trimble, 3 Paige, 577.

• Gardner p. Newburgh, 2 Johns. Oh., 162; Reid v. Gif

ford, Hopk., 416; Crooker v. Bragg, 10 Wend., 260;

Arnold v. Fool, 12 Wend., 330. 'See Chasemore r. Richards, 7 H. of L. Cos., 384; Smith

p. Adams, 6 Paige, 435. 'Mason v. Hill, 5 B. & Ad., 1; Embrey t>. Owen, 6 Exch.,

353. There is no right of ownership, only a right

of use (Tan Hoesen t. Coventry, 10 Barb., 618;

Arnold v. Foot, 12 Wend., 330).

• Bellinger p. N. Y. Central R R, 23 N. T., 42; Corning

v. Troy Factory, 34 Barb., 485.

• Dudden p. Clutton Union, 1 ffurlst. & X, 627.

"Honsee P. Hammond, 39 Barb., 89; Thomas v. Brackney, 17 id., 654; see Carhart p. Auburn Gaslight Co., 22 id., 297.

Kighu of § 257. The owner of a life estate may use the land in ufe?D the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance.

Jackson p. Brownson, 7 Johns., 227, 234; Bradstreet e. Pratt, 17 Wend., 44; Livingston p. Reynolds, 2 ffili, 157; 26 Wend,, 115.

Rights of tenant for years, &c

§ 258. A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the buildings, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy,1 and cultivate and harvest the crops growing at the end of his tenancy.

'Freer v. Stotenbur, 36 Barb., 641.

*>• § 259. A tenant for years or at will has no other

rights to the property than such as are given to hiin by the agreement or instrument by which his tenancy is acquired, or by the last section.

gVa^'cefof S 260' A person to whom any real property' is transferred or devised,2 upon which rent has been reserved,3 or to whom any such rent4 is transferred, is entitled to the same remedies for recovery of rent, for non-performance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had.5

1 Childs v. Clark. 3 Barb. C\., 58.

* Van Rensselaer v. Hays, 19 N. T., 68, 85, 86.

* The words "whether upon a lease in fee or otherwise,"


* Willard «. Tillman, 2 Hill, 274; Moffat v. Smith, 4 N.

Y., 126.
'1 R S., 747, § 23

S 261. Whatever remedies the lessee of any real Rights oi

"lessees end

property1 may have against his immediate lessor, for J^JJ" the breach of any agreement in the lease, he may **• have against the assigns2 of the lessor, and the assigns of the lessee may have against the lessor and his assigns, except upon covenants against incumbrances or relating to the title or possession of the premises.

1 R S., 747, g 24.

1 The words "whether in fee or otherwise" omitted.

* Day v. Swackhamer, 2 Milton, 4.

§ 262. The provisions of the last two sections apply ^{JJ^TM to all grants reserving rent,1 except grants in fee «<*tions. executed before the ninth day of April, 1805, or after the fourteenth day of April, I860,' the rents reserved by which have been transferred since the latter date.

* 1 R. S., 748, § 25; Van Rensselaer v. Hays, 19 tf, T.

68; Van Rensselaer v. Ball, id, 100.

* The exception is intended to enact the amendment to ,

this section contained in Laws of 1860, ch. 396;
as construed in Main v. Green, 32 Barb., 448, 457;
33 id., 136.

S 263. Rent due upon a lease for life may be Remedy

r •'on leases

recovered in the same manner as upon a lease for forllfeyears.

1 R. 8., 747, § 19.

5 264. Eent dependent on the life of a person may Rentaebe recovered after, as well as before, his death. on Ufe

1 R S., 747, g 20. Boundaries by water.

of reversioners, &c.

g 2G5. A person having an estate in fee,1 in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years,2 and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action.3

• The words "in fee" are new. No one but the ownei

in fee could have a right to maintain the action.

• 1 R. S., 750, § 8; see Van Deusen v. Young, 29 Barb.,

9, 16. The rest of the section is new, though in accordance with existing law.

• Eobinson v. Wheeler, 25 N. Y., 252.



8«anON 26G. Rights of owner.

267. boundaries by water.

268. Boundaries by ways.

269. Lateral and subjacent support.

270. Trees whose truuks are wholly on land of one.

271. Line trees.

Bights or g 266. The owner of land in fee has the right to

owner. «

the surface, and to everything permanently situated beneath or above it.

§ 267. When land borders upon tide-water,1 or upon water which constitutes an exterior boundary of the state,8 the owner of the upland takes to high-water mark; when it borders upon a navigable lake where there is no tide, the owner takes to the edge of the lake at low-water mark ;3 when it borders upon any other water/ the owner takes to the middle of the lake or stream.

'fonld v. Hudson River R. R, 6 N. Y., 522.

3 Si•: Kiugman v. Sparrow, 12 Barb, 206; Canal Appraisers v. People, 17 Wend., 570.

'Cham plain R. R. t. Valentine, 19 Barb., 494, 492.

'Ledyard v. Ten Eyck, 36. Barb., 102: Hooker v. Cuanmings, 20 Johns., 90, 99, 101; Canal Commissioners v. Kempshall, 26 Wend., 404.

S 268. An owner of laud, bounded by a road or Bounaariei

. _ * byways.

street, is presumed to own to the centre of the way,
but the contrary may be shown.

Mott v. Mayor of N. T., 2 Hilton, 358, 363; Bissell v.
N. Y. Central R B., 23 Ni T., 61; Wager v. Troy
Union R R., 25 N. T., 529. In the city of New
York the fee in many of the streets is in the corpo-
ration, as trustees for the public; still, it is held that
the aboye rule applies even to streets in that city.

S 269. Each coterminous owner is entitled to the Lateral

w and subja

lateral1 and subjacent2 support which his land by JJ5£,np" nature receives from the land of the other.

1 Farrand t>. Marshall, 21 Barb., 409, 421; but see Rad-
cliff v. Brooklyn, 4 N. 7., 195; Panton v. Holland,
17 Johns., 92. See also Lasala v. Holbrook, 4 Paige,

* Rowbotham v. Wilson, 8 EL & BL, 123; 8 House of
Lards Cos., 348; Bonomi v. Backhouse, El., B. &
El., 622; 7 Jurist (K S.), 809, aff'd, 9 K L. Cos.

§ 270. Trees whose trunks stand wholly upon the Trees land of one owner, belong exclusively to him, although Jjjjjjjj their roots grow into the land of another. 1(Uld orone

See Dubois v. Beaver, 25 N. 7., 123, 126.

S 271. Trees whose trunks stand partly on the Line land of two or more coterminous owners, belong to them in common.

See Dubois ». Beaver, 25 A: T., 126, 127.



Section- 272. Duties of tenant for life. 273. Monuments and fences.

S 272. The owner of a life estate must keep the Duties of

, TM tenant for

buildings and fences in repair from ordinary waste,1 "f«and must pay the taxes2 and other annual charges,3

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