A Treatise on the American Law of Easements and Servitudes

Little, Brown, 1873 - 776 páginas

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Página 507 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Página 282 - The right of an owner of land to occupy and improve it in such manner and for such purposes as he may see fit, either by •changing the surface, or the erection of buildings or other structures thereon, is not restricted or modified by the fact that his own land is so situated, with reference to that of adjoining owners, that an alteration in the mode of its improvement or occupation in any portion of it will cause water, which may accumulate thereon by rains and snows falling on its surface, or...
Página 286 - Every proprietor has an equal right to use the water which flows in the stream, and consequently no proprietor can have the right to use the water to the prejudice of any other proprietor. Without the consent of the other proprietors, who may be affected by his operations, no proprietor can either diminish the quantity of water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above.
Página 103 - That the question does not depend upon whether the covenant runs with the land is evident from this, that if there was a mere agreement and no covenant, this court would enforce it against a party purchasing with notice of it; for if an equity is attached to the property by the owner, no one purchasing with notice 139 Gray, p 1133, fn 17.
Página 303 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and (fc) (1858), 12 Moore PC p. 150. this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Página 292 - I do not mean to be understood, as holding the doctrine, that there can be no diminution whatsoever, and no obstruction or impediment whatsoever, by a riparian proprietor, in the use of the water as it flows; for that would be to deny any valuable use of it. There may be, and there must be allowed of that, which is common to all, a reasonable use.
Página 292 - In virtue of this ownership he has a right to the use of the water flowing over it in its natural current, without diminution or obstruction...
Página 416 - In a broad and comprehensive view, such as has been heretofore taken of the construction of this clause of the declaration of rights, everything which tends to enlarge the resources, increase the industrial energies, and promote the productive power of any considerable number of the inhabitants of a section of the state, or which leads to the growth of towns and the creation of new sources for the employment of private capital and labor, indirectly contributes to the general welfare and to the prosperity...
Página 294 - And among those rights are access to the navigable part of the river from the front of his lot, the right to make a landing wharf or pier for his own use or for the use of the public...
Página 474 - has decided more than this, that you have a right to all 1 12 M. & W. 324. 87H. L. 349. " the water which you can draw from the different sources " which may percolate underground ; but that has no " bearing at all on what you may do with regard to water " which is in a defined channel, and which you are not to " touch. If you cannot get at the underground water " without touching the water in a defined channel, I think

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