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 - 638 sayfa
 

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Agreements in Regard to Fixtures Ooo anur
9
CHAPTER II
13
Estate in Fee Simple
14
Estates Tail 16 Estates for Life 17 Dower Curtesy and Homestead
15
An Estate for Years 19 Description of Premises in a Lease
17
Estate at Will 21 Estate at Sufferance 22 Estate in PossessionEstate in Expectancy
18
Estate in Reversion 24 Estate in Remainder
19
Joint Estate
20
Estate in Severalty 27 Estates on ConditionMortgages 28 Partial Estates
21
Incorporeal Property
22
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
CHAPTER XXXIV
44
BOUNDARIES ON WATERS SHIFTING CHARACTER ACCRETION EROSION RELICTION AND RECLAMATION
46
Irrigation Rights by Prior Appropriation
47
SECTION PAGE
48
Prior Appropriator vs Riparian Owners
49
Priority in Appropriation
50
Abandonment of Irrigation Rights
60
Nature 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 87 Liability for Defective Construction of Dam or Barrier
71
Maintenance and Repair of
72
Liability for Injuries to Dam 90 Injuries Due to Floods that might have been Expected Foreseen and Guarded Against
73
CHAPTER VIII
74
Obstruction of Outlet to Pond 104 Diversion Not Excused by Fact that Sufficient Water Remains
75
Diversion of Stream into New Channel
76
Excavating and Deepening the Channel of a Stream 107 New Channel Fixed by Prescription
77
Riparian Owners whose Rights are Not Affected Cannot Complain 109 Mode of Diverting Waters 110 Diversion of Waters by Percolation or Subterr...
79
Measure of Damages for Diversion of Waters
80
Obstruction by Bridges Culverts and Embankments 113 Diversions Made to Lessen the Cost of Structures
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
84
Stream Contracted by Structure and Consequent Overflow 118 Injunction to Restrain Obstruction of Stream Without Proof of Damages
85
Structures must be Kept Free of Obstructions 120 Culverts in Railroad Embankments
86
Openings in the Clear for Navigation
87
CHAPTER IX
90
Return of Stream to its Old Channel
91
Protection of Land from Encroachment of Stream
92
Riparian Owners Have Equal Rights to Protect their Lands 136 Protection Against Overflow in Times of Flood
93
Deflection of Stream Against Lower Riparian Owner 138 Measure of Damages for Deflection of Waters
94
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
CHAPTER XII
132
Purification of Sewage Required
138
Injunction Granted when No Damages are Suffered
144
Nontidal Rivers
150
Streams for Floating Logs and Timber
157
Percolating Waters Distinguished from Surface Currents
163
Underground Currents Compared with Watercourses
169
If Acts Amount to Nuisance
175
Diversion and Obstruction of Underground Currents
181
Injuries Result from Escaping or Induced Electric Currents
189
CHAPTER XVII
195
Interference of Air and Light by Boundary Walls and Overhanging
201
SECTION PAGE 318 Trees that Overhang a Public Way
207
Trees Growing in Public Ways
208
Measure of Damages for Destruction of Trees
209
Rights of Landowner to Lateral Support for his Land by the Neighbor
210
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 336 Encroachments or Projections upon Adjoining Land 245
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
231
237
Surveyors Interference with Travel on Highways
239
PART III
241
Phraseology of a Description is Important
242
Government Boundaries 213
243
Boundaries Described by Natural Objects
245
Boundaries Described by Natural Bodies of Waters 247 372 Boundaries Defined by the Sea are Not Fixed and Permanent
247
Beaches Shores and Banks as Boundaries 374 The High and Lowwater Mark
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 403 Water Regarded as an Element and a Natural Appurtenant to Land
272
Effect of Field Operations on Descriptions of Boundaries
273
Construction of Deed is Largely a Question of Intention 406 Land Bounded AtOn Along By or With a Stream or Body of Water
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 413 Law of Boundaries Affected by Early Settlements
284
Boundaries on Navigable Waters
286
BOUNDARIES ON STREETS AND ROADS
302
Boundary On By Along Upon a Public
308
Reservation of Narrow Strip of Land as Boundary of a Village
314
Lopping or Cutting Overhanging Branches
316
Before Award is Made Submission to Arbitration may be Revoked
320
Surveyors as Arbitrators must Act Together
326
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
Boundaries on Natural Lakes and Ponds
421
Boundaries on Artificial Lakes and Ponds
422
Shore Beach Bank or Waters Edge of Lakes and Ponds
423
Receding of Waters of Lakes and Ponds 292 293
424
2
425
Maps and Plans Referred to are Evidence of Boundaries 616 Copies of Maps and Records as Evidence
426
Admission of Fieldnotes as Evidence 618 Government Maps as Evidence 619 Testimony of Old Inhabitants as to Location of Boundary Lines
427
Traditional Proof of Boundaries
428
Testimony of Old Inhabitants against Paper Title 622 Ancient Maps and Documents
430
Computing the Age of a Document
431
294
433
Person Making Declarations must have had Peculiar Means of Knowing Boundaries 435 627 Opinions of Witnesses Not Admissible
435
Surveyors Opinion as Evidence when Based upon Knowledge of Facts
436
Person must Not have had an Interest in Making such Declarations 630 Startingpoint in Making a Survey
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 644 Character of Easement Not an Interest in the Fee 645 Easements Extinguished by Merger of Esta...
445
Parties Entitled to Enjoy Easement 647 Rights and Liabilities of the Parties to the EasementMaintenanc 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 449
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 667 License of Purchaser to Enter and Take
457
License the Subject of Transfer 669 Revocation of License COCONäin
458
PRESCRIPTION AND PRESCRIPTIVE RIGHTS SECTION PAGR 671 Importance of Easements in Engineering and Architectural Operations
460
Easements Acquired by Prescription 673 Differences between Prescription and Limitations
461
Presumption after Use for Statutory Period Not Easily Rebutted 675 The Use should be by Acquiescence and Not by Force
462
The Prescriptive Use must be Open and Adverse and Not Interrupted
463
The Use Must Not be Interrupted 678 What will Amount to an Interruption
464
Instances of Interruption 680 Method or Means of Interruption
465
Prescriptive Rights Limited to the Prescriptive
466
Prescriptive Rights against the State or the Public
468
Prescriptive Rights Acquired by the Public in Ways
469
Encroachments upon Public Ways 471 685 Prescriptive Rights Acquired over Railways
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 XXIV
480
Purposes of Dedication
481
What Constitutes Dedication
482
Ownership of Islands 432 Boundaries of Islands 297
484
Effect of Dedication
485
Acceptance of Easement Dedicated
486
Nonuser of Right Dedicated
487
Limits and Qualifications
488
Instances of Dedication 185
489
301
490
Settlement of Controversies is Encouraged by the Courts
491
Rights of WayHow Created 712 Rights of Way the Subject of a Grant 713 Maintenance of Right of Way over Anothers Land
492
Rights of Way Appurtenant to Land 715 Implied Rights of Way by Necessity
493
Change of Location of Right of
495
Obstructing a Right of
497
Erection of Awnings etc in a Street
498
Easement of Drain over or through Land 720 Bridges a part of Highway 721 When Occupation of Public Ways may be Authorized 495 497 498
499
CHAPTER XXXVII
503
Right of WayHow Acquired
504
Right of Way Secured by Purchase
505
Grantor of Right of
506
Obstructions to the Right of
512
Terminals of a Railroad
518
Statutes in Regard to Steam Railroads on Streets
524
Priority in Occupying Streets
530
Time Limit for Completion of Road
536
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
No Exclusive Rights for Telegraph Lines on Railroads
547
Government Grants of Rights of Way
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 22
552
Interference with Telephone Lines by Induction
553
Protection of Wires from Contact with Other Wires
554
Electricrailway Lines and Telegraph and Telephone Circuit
555
Complainant must have Exercised Care
557
CHAPTER XL
559
Pipelines in Public WaysHow Authorized
560
Subways Constructed under License
561
Right to Enter and Open and Occupy Streets 846 The Act of Granting the Consent is Discretionary
562
Property in Pipelines
563
Grants of Exclusive Use of Streets for Subways
564
Care of SubwaysNegligence
565
Measure of Damages 851 Other Rights of
566
PART V
567
Franchise of a Corporation
568
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 873 Limitation as to Property and Contracts
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 878 Remedies against Corporations for the Enforcement of Public Duties
582
Extinguishment of Corporate Franchises 880 Extinguishment of Franchise on Contingency 881 Extinguishment by Surrender
583
Extinguishment by Act of Legislature 883 Extinguishment by Failure of an Integral Part
584
Extinguishment by Forfeiture 885 Effect of Extinguishment 886 Taxation of Franchises
585
Corporate Charters and Franchises
586
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Sayfa 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.
Sayfa 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.
Sayfa 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.
Sayfa 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.
Sayfa 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.
Sayfa 1 - land" includes not only the face of the earth, but everything under it, or over it.
Sayfa 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.
Sayfa 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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