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Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler
Adverse Possession In The Case Of The Rights Of Way Of The Pacific Railroad Companies, Ralph W. Aigler
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While the weight of authority is probably to the effect that railroad rights of way may be lost by adverse possession, the authorities are by no means agreed. See 12 MICH. L. REV. 144. The rights of way of certain of the Pacific Railroad Companies have been declared not to be subject to the ordinary rules as to adverse possession, on the ground that by the Congressional grants the four-hundred-foot-strips were conveyed only for railroad purposes with the ultimate possibility of reverter in the United States, which had the effect of making such lands inalienable by the railroad companies whether …
The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler
The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler
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Though at one time in England there may have been some doubt as to the character of a riparian owner's rights in the waters of the stream, it must be considered as definitely settled by a series of cases that the doctrine of reasonable use by all the proprietors on the stream is the rule of the common law, and that the matter of priority of use or appropriation is, under that system, immaterial, unless, of course, a question of prescriptive right is involved. Wright v. Howard, 1 Sim. & S. 190; Mason v. Hill, 3 B. & Ad. 304, …
The Registration Of Land Titles, John R. Rood
The Registration Of Land Titles, John R. Rood
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It is proposed in this paper to consider some of the advantages and disadvantages of the older system of no registration, the later system of registering the instruments of conveyance, and the latest system of making the title depend entirely on a recorded adjudication that it is thus and so, which absolutely displaces all former titles, adjudicated or otherwise. It is also proposed to consider some of the reasons why the older systems persist.