Principles of the Law of Real Property; For the Use of Students

Principles of the Law of Real Property; For the Use of Students

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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. 1896 edition. Excerpt: ...fact that it is not so described in the deed will not vary the construction. The grantee will still take the fee to the middle of the highway on the line of which the land is situated.' It has been stated, as a reason for the rule, that the adjoining proprietors are presumed to have originally furnished the land in equal proportions for the sole purpose of a highway;' and hence in a grant of the adjacent land the soil to the center of the highway passes as a part of the land and not as an appurtenant.' Ordinarily the ownership of the soil of the street or road is of no practical use to the grantors of the adjacent property; and usually there is no purpose to be served in the retention by them of narrow strips or gores of land between the land conveyed and that of other proprietors, while for many purposes such ownership is of special importance to the purchaser.5 It is presumed, therefore, that the grantor's land in a street passes under the general description in his deed of the adjoining land with which it is connected or to which it belongs as a part of the same tract, subject to the public easement. 1Newhall v. Ireson, 8 Cush. N. Y. 251; Taylor v. Armstrong, 24 (Mass) 595; Champlain v. Pend1e-Ark. 107. ton, 13 Conn. 23; Buckman v. 4 Bissell v. Railroad Co., 23 N. Y. Buckman, 12 Me. 463; Moody v. 54. Palmer, 50 Cal. 37. 5 Re Robbins, 34 Minn. 99.?Gear v. Barnum, 37 Conn. 229; Gould v. Railroad Co., 142 Mass. Stark v. Cofiin, 105 Mass. 328; 85; Paul v. Carver, 26 Pa. St. 225; Hawesville v. Lander, 8 Bush Oxton v. Groves, 68 Me. 371; Kim (Ky.). 679. ball v. Kenosha, 4 Wis. 331; Marsh "See Durham v. Williams, 37 v. Burt, 34 Vt. 289. So, too, the same general principles apply to streams and water-ways. Upon all...
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Product details

  • Paperback | 124 pages
  • 189 x 246 x 7mm | 236g
  • United States
  • English
  • black & white illustrations
  • 1236985095
  • 9781236985095