Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1913-06-27
Popular Talks on Law
WHAT NATURE ADDS TO THE LANE
Bywsltsr X Towers. A. B. J. D.. Ofthe Michigan Bar.

49, SSiS INV idilu vi IldScg .
property cutting its way across a
neck Ofland and eventually establish
ing a new channel within Halsey's
boundaries leaving several acres on
the other side of the stream. Nc
Cormick claimed that as the river
was the boundary between their
properties he now held title to the
new channel, just as though the
stream had shifted gradually cutting
away ground from theinside of the
bend on Haleey's land and deposit
ing the soil on the outside of the
bend on hisland. The differences be-
tween the men were taken to court
and it was ruled that the boundaries
of the farms remained those of the
original channel, the sudden change
not affecting the title of either par
ty. They had formerly held to the
teread of the old stream and now
their boundary was the line that had
marked the thread of the ,old chan
mel.
Thus distinction is drawn be-
tween gradual and sudden changes.
Sudden shifting of streams does not
work changes in the boundaries of
property, whereas the gradual shift
ing means shifting of boundaries.
Thus to amount to accretion which
will give title to the owner against
whose property the new soil is de-
posted the process must be imper-
ceptible. The rule laid down on the
law to determine whether a change
has been imperceptible is that to be
imperceptible it must be so gradual
that observers cannot see theIprocess
going on, and if they cannot it is i'm
perceptible even though observations
at considerable intervals disclose
that change has taken place.
In the case of property bordering
on non-navigable stream or small
lake the .owner takes title to the
center of the body of water. In the
case of the stream the thread of
the stream-the center of the, main
channels the boundary of a tract
granted with the stream as bound
ary. In such cases the owner of
land adjoining the water owns land
under the water as well. Of course,
land may be granted merely to the
high water mark, the rights to the
land under water being reserved but
this is unusual. The owner of land
bordering on stream who also
owns the land under water may ex-
tend his property by filling in so long
as he does not interfere with the
course of the stream, or interfere
with any rights of the public or
of private parties. If an island APP
pears in a body of water it becomes
the property of the person who
owned the land under the water up
on which it was formed. If the
owner of the land adjoining astream
owns to the center of the steam, is
lands forming on his side of the
stream become his property. Islands
forming in the center Of 1.-The stream
are divided according to the old
boundary line.
Cases have arisen where islands
and other lands have been submerg-
ed and have subsequently reappear.
ed. In such instances the former
owner regains his possession and
title.
1t is stated above that land own.
ers own to the center of non-naviga.
BILE waters. In the case of naviga.
BILE water the public, generally speak.
ing holds the title to the bed. Thus
islands forming in navigable streams
would belong to the state and the
state may resist all extentions of the
property adjoining tina navigable
water past the normal edge of the
stream or lake.
The courts have no title difficulty
in determining whether waters are
navigable or not and the various
states are in conflict. The old Eng
[lish rule was that waters in which
the tide ebbed and flowed were nav.
igible, and waters not affected by
tides were not navigible, whether
they were used by large boats for
purpose of commerce or not. This
rule has been adopted in many Of
the American states. In England
where the large rivers are affected
by the tides the rule fitted fairly we'll
with the facts, but in some sta ties
a a L