stream, formed by nature over or under the surface, may be used by him as long as it remains there; but he may not prevent the natural flow of the stream, or of the natural spring from which it commences its definite course, nor pursue nor pollute the same. N. Y. C. C., Sec. 256. NOTE.-Probably this section had better be omitted in the Code, and the whole subject of water rights postponed until a system for both mining and irrigating purposes can be carefully prepared. This would require two or three months of research, thought and careful arrangement. SEC. 818. The owner of a life estate may use the land in the same manner as the owner of a fee simple, except that he must do no act to the injury of the inheritance. N. Y. C. C., Sec. 257. SEC. 819. A tenant for years or at will, unless he is a wrong-doer by holding over, may occupy the buildings, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy, and cultivate and harvest the crops growing at the end of his tenancy. N. Y. C. C., Sec. 258. Rights of life. tenant for Rights of years, etc. tenant for SEC. 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. N. Y. C. C., Sec. 259. SEC. 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. N. Y. C. C., Sec. 260. SEC. 822. Whatever remedies the lessee of any real property may have against his immediate lessor, for 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, except upon covenants against encumbrances or relating to the title or possession of the premises. SEC. 823. N. Y. C. C., Sec. 261. Rent due upon a lease for life may be recov ered in the same manner as upon a lease for years' N. Y. C. C., Sec. 263. SEC. 824. Rent dependent on the life of a person may be recovered after as well as before his death. N. Y. C. C., Sec. 264. SEC. 825. 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. N. Y. C. C., Sec. 265. ARTICLE II. BOUNDARIES. Rights of owner. Boundaries by water. 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. SEC. 829. The owner of land in fee has the right to the surface and to everything permanently situated beneath or above it. N. Y. C. C., Sec. 266. SEC. 830. When land borders upon tide land, or upon water which constitutes an exterior boundary of the State, the owner of the upland takes to high water 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. N. Y. C. C., Sec. 267. by ways. SEC. 831. An owner of land bounded by a road or Boundaries street is presumed to own to the centre of the way, but the contrary may be shown. N. Y. C. C., Sec. 268; Kittle vs. Pfeiffer, 29 Cal., 484. SEC. 832. Each coterminous owner is entitled to the lateral and subjacent support which his land by nature receives from the land of the other. N. Y. C. C., Sec. 269. SEC. 833. Trees whose trunks stand wholly upon the land of one owner belong exclusively to him, although their roots grow into the land of another. SEC. 834. N. Y. C. C., Sec. 270. Trees whose trunks stand partly on the land Line trees. of two or more coterminous owners belong to them in common. N. Y. C. C., Sec. 271. CHAPTER II. OBLIGATIONS OF OWNERS. SECTION 840. Duties of tenant for life. 841. Monuments and fences. SEC. 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. N. Y. C. C., Sec. 272. SEC. 841. Coterminous owners are mutually bound Monuments equally to maintain 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. N. Y. C. C., Sec. 273. and fences. What uses and trusts may exist. Right to possession of land creates legal ownership. Certain trusts unaffected. TITLE IV. USES AND TRUSTS. SECTION 847. What uses and trusts may exist. 848. Right to possession of land creates legal ownership. 849. Certain trusts unaffected. 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. Sec. 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. 868. Same. 869. Effect of omitting trust in conveyance. 870. Certain sales, etc., by Trustees, void. 871. When estate of Trustee to cease. SEC. 847. Uses and trusts in relation to real property, are those only which are specified in this Title. N. Y. C. C., Sec. 274. SEC. 848. Every person who, by virtue of any transfer or devise, is entitled to the actual possession of real property, and the receipt of the rents and profits thereof, is to be deemed to have a legal estate therein, of the same quality and duration, and subject to the same conditions, as his beneficial interest. N. Y. C. C., Sec. 276. SEC. 849. The last section does not divest the estate of any Trustee in a trust, where the title of such Trustee is not merely nominal, but is connected with some power of actual disposition or management in relation to the real property which is the subject of the trust. N. Y. C. C., Sec. 277. SEC. 850. Every disposition of real property, whether by transfer or will, must be made directly to the person in whom the right to the possession and profits is intended to be vested, and not to any other, to the use of or in trust for such person; and if made to any person, to the use of or in trust for another, no estate or interest vests in the Trustee; but he must execute a release of the property to the beneficiary on demand, the latter paying the expense thereof. N. Y. C. C., Sec. 278. Trustees of of another interest. estate for use take no sections SEC. 851. The preceding sections of this Title do not Preceding extend to trusts arising or resulting by implication of qualified. law, nor prevent or affect the creation of such express trusts as are hereinafter authorized and defined. N. Y. C. C., Sec. 279. SEC. 852. No trust in relation to real property is valid, Trust must unless created or declared 1. By a written instrument, subscribed by the Trustee, or by his agent thereto authorized by writing. 2. By the instrument under which the Trustee claims. the estate affected; or, 3. By operation of law. N. Y. C. C., Sec. 280; Cal. C. C. P., Sec. 1971. SEC. 853. Where a transfer of real property is made to one person, and the consideration therefor is paid by or for another, no use or trust results in favor of the person by or for whom such payment is made; but the title vests in the grantee, subject only to the provisions of the next two sections. N. Y. C. C., Sec. 281. be in writing creditors. SEC. 854. Every such transfer as is described in the Rights of last section is presumed to be fraudulent as against the creditors, at that time, of the person paying the consideration; and where a fraudulent intent is not disproved, a trust results in favor of such creditors, to the extent necessary to satisfy their just demands. N. Y. C. C., Sec. 282. SEC. 855. Sec. 853 does not apply 1. To cases where the grantee took the grant as an absolute transfer in his own name, without the consent or knowledge of the person paying the consideration; nor, Sec. 853 qualified. |