on events. In the latter case, the enjoyment is said to be upon condition. § 138. Conditions are precedent or subsequent. The Conditions. former fix the beginning, the latter the ending of the right. conditions void. § 139. If a condition precedent requires the performance Certain of an act wrong of itself, the instrument containing it is precedent, so far void, and the right cannot exist. If it requires the performance of an act not wrong of itself, but otherwise illegal, the instrument takes effect and the condition is void. restraining void. § 140. Conditions imposing restraints upon marriage, Conditions except upon the marriage of widows and of minors, are marriage, void; but this does not affect limitations where the intent was, not to forbid marriage, but only to give the use until marriage. § 141. Conditions restraining alienation, when repug Conditions nant to an estate, are void. § 142. Restrictions upon the power to affix qualifications to the right of enjoyment are contained in sections 14 and 15 of article 1 of the Constitution; and in the provisions of this Code, respecting real property and personal property. § 143. When infants, for whose benefit an accumulation has been directed, in the cases specified in sections 195 and 306, are destitute of other sufficient means of support and education, the court, upon application, may direct a suitable sum to be applied thereto. 1 R. S., 726, § 39. restraining alienation, void. Restriction cation of on qualifi enjoyment. Application of profits, &c., to sup port, &c., of infants. PART II. PROPERTY IN THINGS REAL, OR IMMOVABLE. TITLE I. Real Property in General. II. Creation and Division of Estates. III. Application to Real Property, of Rules respecting CHAPTER I. THE SUBJECTS OF REAL PROPERTY. SECTION 144. Real property. 145. Land. 146. Water. 147. Fixtures. 148. Appurtenances. 149. Servitudes attached to land. 150. Servitudes not attached to land. 151. Extent of servitudes. 152. Designation of estates; apportioning easements. 153. Rights of owner. § 144. Real or immovable property consists of: 1. Land; 2. That which is affixed to land; 3. That which is incidental or appurtenant to land. Real property. 1 Land. Water. Fixtures. Apparte nances. Servitudes attached to land. Servitudes not attach ed to land. § 145. Land is the solid material of the earth, whatever be the ingredients of which it is composed, whether soil, rock, or other substance. § 146. Property in land imports property in water standing thereon. Water running over land belongs to the owner of the land, only so long as it remains there. He cannot prevent its natural flow or pursue it. § 147. A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines or shrubs; or imbedded in it, as in case of walls; or perma. nently resting upon it, as in case of buildings; or attached to what is thus permanent, as by means of nails, bolts or screws. 148. A thing is deemed to be incidental or appurtenant to land, when it is by right used with the land; as in case of a right of way, or watercourse, or of light, air or heat from or across the land of another. § 149. The following burdens or servitudes upon the land of another may be attached to land as incidents or appurtenances, and are then called easements: 1. The right of pasture on other land; 2. The right of fishing in other waters; 3. The right of taking game on other land; 4. The right of way over other land; 5. The right of taking wood, minerals and other things from the land of another; 6. The right of receiving air, light or heat from or over the land of another; 7. The right of receiving or discharging water over other land. § 150. The following land burdens, or servitudes upon the land of another, may be granted and held, though not attached to land: 1. The right of fishing and taking game; 2. The right to a seat in a church; 3. The right of burial; 4. The right of taking rents and tolls. servitudes. § 151. The extent of these servitudes is determined by Extent of the terms of the grant, or the nature of the possession by which they were acquired. tion of § 152. The land to which the easement is attached is Designacalled the dominant estate; the land upon which the bur- estates. den or servitude is laid is called the servient estate. In Apportioning easecases of partition of the dominant estate, the burdens ments. must be apportioned, according to the division of the dominant estate, but not in such a way as to increase the burden upon the servient estate. The latter clause is added to meet the objection that common of estovers cannot be apportioned because so doing would multiply the burden. Livingston a. Ketcham, 1 Barb., 592. owner. § 153. The owner of land in fee has the right to the Rights of surface and to everything beneath or above it; and may use the same in any manner he pleases, doing no injury to the property or person of another. CHAPTER II. BOUNDARIES. SECTION 154. Boundaries by water. 155. Boundaries by ways. 156. Monuments. 157. Feuces. 158. Lateral support. by water. § 154. When land borders upon tide-water, the owner Boundaries 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; when it borders upon a lake not navigable, or a stream where there is no tide, the owner takes to the centre of the lake or stream. § 155. An owner of land, bounding on a road or street, Boundaries except in the city of New York, is presumed to own to the centre of the way, but the contrary may be shown. by ways. § 156. Coterminous owners are bound equally to main- Monuments tain the boundaries and monuments between them. |