A Treatise On the American Law of Easements And Servitudes
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7 Flanagan v. Philadelphia, 42 Penn. 229 ; M'Keeu u. Delaware Division, &c. , 49 Penn. 440.
480 THE LAW OF EASEMENTS AND SERVITUDES. [Cii. III.
in some of the States bounding on the Mississippi, it is the tliread of that river. ^ A like doctrine to that of Pennsyl- vania is maintained in New York.^ In Maine, the Penobscot above tide-water is a highway, but not a navigable stream.^ But it seems that, in one respect, streams navigable by statute or custom here, are not like those which are so by ...the common law, since in respect to the latter the shore, the space between high and low water, belongs to the sover- eign ; here it belongs to the owner of the upland, and may be built upon by him. * The consequence of holding a stream navigable and pub- lic is, that any obstruction placed therein may be treated as a nuisance, and is the subject of indictment.^ From the character of highways given to streams which are capable of affording navigation in their natural state, no one may lawfully obstruct the passage of boats, &c.
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To quickly assess the difficulty of the text, read a short excerpt:
7 Flanagan v. Philadelphia, 42 Penn. 229 ; M'Keeu u. Delaware Division, &c. , 49 Penn. 440.
480 THE LAW OF EASEMENTS AND SERVITUDES. [Cii. III.
in some of the States bounding on the Mississippi, it is the tliread of that river. ^ A like doctrine to that of Pennsyl- vania is maintained in New York.^ In Maine, the Penobscot above tide-water is a highway, but not a navigable stream.^ But it seems that, in one respect, streams navigable by statute or custom here, are not like those which are so by ...the common law, since in respect to the latter the shore, the space between high and low water, belongs to the sover- eign ; here it belongs to the owner of the upland, and may be built upon by him. * The consequence of holding a stream navigable and pub- lic is, that any obstruction placed therein may be treated as a nuisance, and is the subject of indictment.^ From the character of highways given to streams which are capable of affording navigation in their natural state, no one may lawfully obstruct the passage of boats, &c.
What to read after A Treatise On the American Law of Easements And Servitudes?
You can find similar books in the "Read Also" column, or choose other free books by Emory Washburn to read onlineMoreLess
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