A Digested Treatise and Compendium of Law Applicable to Titles to Real Estate in the State of New York

A Digested Treatise and Compendium of Law Applicable to Titles to Real Estate in the State of New York

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...Streets and Highways.---Land in a highway may pass not only by special description in a conveyance, but constructively. If a person, over whose land a. highway is laid out, convey the land on either side of it, by describing the land by such special boundaries as not to include the road or any part of it, the property in the road would not pass to the grantee by the deed, nor would it pass as an incident or appurtenance. And if the street were closed under L. 1867, c. 697. the abutting owner de clared entitled would be the original grantor. Fearing v. Irwin, 4 Daly, 385; afli'd, 55 N. Y. 486. The intent as shown by the context must govern. Mott v. Mott, 68 N. Y. 246; reversing 8 Hun. If, however, lots are conveyed by descriptions bounding them "by," "upon" or "along" roads or streets in which the grantor has an interest or estate, the respective grantees will take the fee of the land in front of their respective lots to the centre of the streets. This applies equally to city lots as to rural property. Or probably if a municipal corporation were to grant land bounded by a public street. So also if a strip of land were the only means of access to lots, and they were bounded on that, they would be considered as boiinded to the centre (unless words were used showing an intention to restrict the grant); subject, in all cases, to the public easement. The Presumption as to 0wnership.--The legal presumption, both as to grantor and grantee, as respects a highway or road, is that one who owns both sides of a highway, is presumed entitled to the fee of the road, subject to the public easement. Matter of Johnst. 19 Wend. 659; Van Amringe v. Barnett, 8 Bos. 358; Mott v. Mayor. 2 Hilton. 358; Herring v. Fisher, ...show more

Product details

  • Paperback | 452 pages
  • 189 x 246 x 23mm | 803g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123692617X
  • 9781236926173