819. A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the build ings, take the annual products of the soil, work mines and quarries open at the commencement of his ten ancy. NOTE.-Freer vs. Stotenbur, 36 Barb., p. 641. Rights of tenant for years, etc. 820. A tenant for years or at will has no other Same. rights to the property than such as are given to him by the agreement or instrument by which his tenancy is acquired, or by the last section. 821. A person to whom any real property is transferred or devised, upon which rent has been reserved, or to whom any such rent is transferred, is entitled to the same remedies for recovery of rent, for non-performance of any of the terms of the lease, or for any waste or cause of forfeiture, as his grantor or devisor might have had. Am NOTE.-The person.-Childs vs. Clark, 3 Barb. Ch., p. 58. To whom transferred or devised.-Van Rensselaer vs. Hays, 19 N. Y., p. 68. Or rent transferred.Williard vs. Tillman, 2 Hill, p. 274; Moffat vs. Smith, 4 N. Y., p. 126. In Reay vs. Cotter, 29 Cal., p. 168, it was held that the right to remove a tenant under the Act then in force relating to forcible entries and unlawful detainers was given to the conventional landlord alone, and not to his successor in the estate. Rights of grantees of rents and reversion. assigns of 822. Whatever remedies the lessor of any real Liability of property has against his immediate lessee for the lessee. breach of any agreement in the lease, or for recovery of the possession, he has against the assigns of the lessee. lessees and nees, etc. 823. Whatever remedies the lessee of any real Rights of property may have against his immediate lessor, for their assig the breach of any agreement in the lease, he may have against the assigns of the lessor, and the assigns of the lessee may have against the lessor and his assigns, Remedy on leases for life. Rent' dependent on life. Remedy of reversioners, etc. except upon covenants against incumbrances or relating to the title or possession of the premises. NOTE.-Day vs. Swackhamer, 2 Hilton, p. 4. 824. Rent due upon a lease for life may be recovered in the same manner as upon a lease for years. 825. Rent dependent on the life of a person may be recovered after as well as before his death. 826. A person having an estate in fee, in remainder or reversion, may maintain an action for any injury done to the inheritance, notwithstanding an intervening estate for life or years, and although, after its commission, his estate is transferred, and he has no interest in the property at the commencement of the action. 827 added NOTE.-Van Deusen vs. Young, 29 Barb., p. 9; Robinson vs. Wheeler, 25 N. Y., p. 252. ARTICLE II. Rights of owner. BOUNDARIES. SECTION 829. Rights of owner. 830. Boundaries by water. 831. Boundaries by ways. 832. Lateral and subjacent support. 833. Trees whose trunks are wholly on land of one. 834. Line trees. 829. The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. Am NOTE.-The term "land" comprehends any ground, soil, or earth, as meadows, woods, waters, pastures, marshes, furze, and heath. It has an indefinite extent upwards as well as downwards, and includes all houses and other buildings, standing or built, upon it, and whatever is in a direct line between the surface and the center of the earth.-2 Bl. Com., p. 18; 1 Cruise on Real Property, p. 58. 830. When land borders upon tide water, or upon water which constitutes an exterior boundary of the by water. State, the owner of the upland takes to high water Boundaries mark; when it borders upon a navigable lake where there is no tide, the owner takes to the edge of the lake at low water mark; when it borders upon any other water, the owner takes to the middle of the lake or stream. NOTE.-Land bordering upon tide water.-Gould vs. Hudson River R. R., 6 N. Y., p. 522. Upon water which constitutes the exterior boundary of a State.Kingman vs. Sparrow, 12 Barb., p. 206; Canal Appraisers vs. People, 17 Wend., p. 570. Upon a tideless lake.-Champlain R. R. Co. vs. Valentine, 19 Barb., p. 484. Upon other waters.-Ledyard vs. Ten Eyck, 36 Barb., p. 102; Hooker vs. Cummings, 20 Johns., p. 90; Canal Commissioners vs. Kempshall, 26 Wend., p. 404. In Hicks vs. Coleman, 25 Cal., p. 122, it was held that where a river is named as the boundary line of a tract of land, the boundary line follows the meanderings of the stream, and that where this boundary line is to run along a stream not navigable a given distance, the meanderings of the stream are to be followed until the required distance when reduced to a straight line is attained. The doctrine of Hicks vs. Coleman is affirmed in Fratt vs. Woodward, 32 Cal., p. 226. by ways. 831. An owner of land bounded by a road or street Boundaries is presumed to own to the center of the way, but the contrary may be shown. سيل 832. NOTE.-Kittle vs. Pfeiffer, 29 Cal., p. 484; Mott vs. and sub Each coterminous owner is entitled to the Lateral lateral and subjacent support which his land by na- jacent ture receives from the land of the other. NOTE.-Lateral support.-Farrand vs. Marshall, 21 Barb., pp. 409–421; Radcliff vs. Brooklyn, 4 N. Y., p. 195; Panton vs. Holland, 17 Johns., p. 92; Lasala vs. Holbrook, 4 Paige, p. 169. Subjacent support.-Rowbotham vs. Wilson, 8 El. B. & Bl., p. 123; Bonomi vs. Backhouse, El. B. & Bl., p. 622; 7 Jurist. (N. S.), p. 809, affd.; 9 H. L. Cas., p. 503. support. 833. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although land of one. their roots grow into the land of another. NOTE.-Dubois vs. Beaver, 25 N. Y., pp. 123–126. 834. Trees whose trunks stand partly on the land of two or more coterminous owners, belong to them in NOTE.-Dubois vs. Beaver, 25 N. Y., pp. 126, 127. CHAPTER II. OBLIGATIONS OF OWNERS. SECTION 840. Duties of tenant for life. 840. The owner of a life estate must keep the buildings and fences in repair from ordinary waste, and must pay the taxes and other annual charges, and a just proportion of extraordinary assessments benefiting the whole inheritance. NOTE-Must keep buildings, etc., in repair.-Sarles vs. Sarles, 3 Sandf. Ch., pp. 601-607. Pay taxes.-Fleet vs. Dorland, 11 How. Pr., p. 489; Graham vs. Dunnigan, 2 Bosw., p. 516. Annual charges.-Mosely vs. Marshall, 22 N. Y., p. 200. And proportion of extraordinary charges benefiting the whole inheritance.-Stilwell vs. Doughty, 2 Bradf., p. 311. Coterminous owners equally to maintain: are mutually bound 1. The boundaries and monuments between them; 2. The fences between them, unless one of them chooses to let his land lie without fencing; in which case, if he afterwards incloses it, he must refund to the other a just proportion of the value, at that time, of any division fence made by the latter. NOTE.-But such owners owe this duty to each other only, and not to the public generally.-Ryan vs. Rochester and Syracuse R. R. Co., 9 How. Pr., p. 453. TITLE IV. USES AND TRUSTS. SECTION 847. What uses and trusts may exist. 848. Right to possession of land creates legal ownership. 850. Trustees of estate for use of another take no interest. 851. Preceding sections qualified. 852. Trust must be in writing. 853. Transfer to one for money paid by another. 854. Rights of creditors. 855. Section 853 qualified. 856. Purchasers protected. 857. For what purposes express trusts may be created. 865. Title of grantor of trust property. 866. Interests remaining in grantor of express trust. 867. Powers over trust of party interested. 868. Same. 869. Effect of omitting trust in conveyance. 870. Certain sales, etc., by Trustees, void. 847. Uses and trusts in relation to real property what uses are those only which are specified in this Title. 848. Every person who, by virtue of any transfer NOTE.-Deemed to have a legal estate.-Post. vs. 849. The last section does not divest the estate of and trusts may exist. |