Modes Or Acquiring Title To Real Property

Author : Emory Washburn
Publisher : General Books
ISBN 13 : 9781458995575
Total Pages : 400 pages
Book Rating : 4.9/5 (955 download)

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Download or read book A Treatise on the American Law of Real Property written by Emory Washburn and published by General Books. This book was released on 2012-02 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: simply raise a presumption in favor of the party in enjoyment of the incorporeal right thereby claimed.1 For the nature of easements, and the mode of acquiring and losing them, 451] the reader is referred to what is said in the previous volume2 upon that subject, as it seemed unnecessary to pursue the subject of prescription in this connection further than to explain it as one of the modes of acquiring or establishing title to interests in lands. SECTION IV. ACCRETION. 1. In what cases the doctrine of accretion arises. 1 a. Same subject. 2. Of avulsion as distinguished from alluvion. 3. Alluvion considered as an appurtenant of land. 1. Another mode of acquiring title to realty is where portions of the soil of real estate are added by. gradual deposition, through the operation of natural causes, to that already in possession of the owne.3 And this is called title by accretion. Thus kelp and other marine plants, when detached from the bottom of the sea and thrown on the shore, or beach, become vested in the owner of the soil. But, to become so, they must be cast upon the shore, and rest there, so as to become attached to the soil.4 Such is the case where land has been formed upon and united with the shore of the sea or 1 Tyler v. Wilkinson, 4 Mason, C. C. 397; 3 Kent, Com. 445; Melvin v. Whiting, 10 Pick. 295, 298; Okeson . Patterson, 29 Penn. St. 26. But see Watkins v. Peck, 13 N. H. 377, where Parker, Ch. J., says, No grant can be presumed from the adverse use of an easement in the land of another for the term of twenty years, where the owner of the land was, at the expiration of the twenty years, and long before, incapable of making a grant, whether from infancy or insanity. Maine, Anc. L. 286, 287. - Ante, vol. 2, 27 et seq. Bracton, 9, Coxe...