Select Cases And Other Authorities On the Law of Property By Edward H Warren
Select Cases And Other Authorities On the Law of Property By Edward H Warren
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PETERSON. [cHAP. III.
"has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run {currere solebat) without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it, or a title to some exclu- sive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere u...t currere solehat. Though he may use the water while it runs over his land as an incident to the land, he cannot unreasonably detain it or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above without a grant or an uninterrupted enjoyment of twenty years, which is evidence of it.
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To quickly assess the difficulty of the text, read a short excerpt:
PETERSON. [cHAP. III.
"has naturally an equal right to the use of the water which flows in the stream adjacent to his lands, as it was wont to run {currere solebat) without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors above or below him, unless he has a prior right to divert it, or a title to some exclu- sive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere u...t currere solehat. Though he may use the water while it runs over his land as an incident to the land, he cannot unreasonably detain it or give it another direction, and he must return it to its ordinary channel when it leaves his estate. Without the consent of the adjoining proprietors he cannot divert or diminish the quantity of the water which would otherwise descend to the proprietors below, nor throw the water back upon the proprietors above without a grant or an uninterrupted enjoyment of twenty years, which is evidence of it.
What to read after Select Cases And Other Authorities On the Law of Property By Edward H Warren?
You can find similar books in the "Read Also" column, or choose other free books by Ties20on20the20law20of20property2c20by20ed to read onlineMoreLess
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