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

John Cassan Wait

J. Wiley & Son, 1900 - 638 sayfa

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PART I	1

Agreements in Regard to Fixtures	9

Estates Tail	15

Estate in Severalty	21

CHAPTER III	23

CHAPTER IV	29

Rights and Liabilities of Persons Holding under Riparian Owners	35

Appropriation of Waters for Municipal Watersupply	41

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

CHAPTER XXVI	316

SECTION PAGE 73 Irrigation Rights by Prior Appropriation 74588	47

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

Irrigation under the Common	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 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

CHAPTER X	96

Powers Conferred by the Legislature upon Water Companies 145 Negligence in Laying and Maintaining Pipes etc	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 III	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

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

9 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 17	174

If Acts Amount to Nuisance 17	175

Negligence may Fix Liability	176

Injunction wil Issue to Prevent Fouling of Groundwaters	177

Percolations which are Artificial or Enforced 17	178

Negligence to Accumulate Waters under Pressure and Permit to Escape 18	180

Diversion and Obstruction of Underground Currents 18	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

Right of Support for Surface of Ground	222

Lateral Support of a Structure	225

Encroachments or Projections upon Adjoining Land 338 Property in Partywalls	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 213	243

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 200	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

CHAPTER XXIII	288

Boundaries on Artificial Lakes and Ponds	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

Effect of a Submission to Arbitration	317

What Constitutes a Submission	318

Award is Irrevocable and Binding	319

Before Award is Made Submission to Arbitration may be Revoked	320

Disputes Should be Submitted to Arbitration	321

Mistakes of Surveyor as an Arbitrator	322

Arbitrator must Not Exceed his Powers	323

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

SECTION PAGE 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

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	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

595	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

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	492

Rights of Way Appurtenant to Land	493

Change of Location of Right of Way	495

Obstructing a Right of Way	497

Erection of Awnings etc in a Street 408	498

Easement of Drain over or through Land	499

CHAPTER XXXVII	503

Right of WayHow Acquired	504

Right of Way Secured by Purchase	505

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

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	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

404	594

scription 375	595

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Diğer baskılar - Tümünü görüntüle

The Law of Operations Preliminary to Construction in Engineering and ...
John Cassan Wait
Tam görünüm - 1900

The Law of Operations Preliminary to Construction in Engineering and ...
John Cassan Wait
Tam görünüm - 1913

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Sık kullanılan terimler ve kelime öbekleri

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Kaynakça bilgileri

Başlık	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
Yazar	John Cassan Wait
Yayıncı	J. Wiley & Son, 1900
Orijinalin kaynağı:	California Üniversitesi
Dijital ortama aktarılmış	10 Eki 2008
Uzunluk	638 sayfa

Alıntıyı Dışa Aktar	BiBTeX EndNote RefMan

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