1914. 
THE RUKAt NEW-YORKER 
6£Jl 
Ownership of Timber Along Roadside. 
A owns a farm; he sells the wood and 
timber on the farm to B. Later on he 
sells the land or farm to C. When he 
sold the wood and timber to B it was 
understood that B should have three 
years to cut and remove the same. C 
understands that his purchase of the 
farm is subject to the above deal. Who 
owns the wood and timber on the road¬ 
side? B claims it. What right has he 
to it, or had the owner any right to 
give him any right to cut it or embody 
it in the wood and timber deal? It is 
generally claimed that the wood and tim¬ 
ber on the roadside belongs to the man 
who owns the farm, inasmuch as B had 
not cut the wood and timber before 
C bought it why does not the wood and 
timber belong to C? m. t. b. 
Rhode Island. 
It is generally understood that the 
ownership of trees along the roadside is 
in the adjoining owner. In this case it 
belonged to A, and when he sold the 
wood and timber on the farm to B it 
passed to B, and he did not lose that 
right by merely failing to cut to the pres¬ 
ent time. If he abandoned the cutting 
and showed that he did not intend to 
avail himself of the wood along the road, 
the ownership might pass to the present 
owner of the farm. Inasmuch as C has 
recognized B’s right to the timber he 
must also recognize B’s right to the tim¬ 
ber along the road. 
Title to Property on Seashore. 
Will you give us the law as relates to 
control of shore privilege by owner of 
land bounded by the sea? Can said own¬ 
er forbid and prosecute parties for tak¬ 
ing seaweed which floats in at high 
water, also for taking seaweed from 
rocks at low water. w. F. 
Maine. 
As a general proposition, the title of 
an owner adjoining the seashore extends 
only to high water, but in Massachusetts 
and Maine this rule has been changed so 
as to give the soil of the shore to the 
land owners to low water mark provided 
the tide does not ebb more than 100 rods 
and to that extent if the tide ebbs to a 
greater distance, so that you own the 
property to low water mark and can keep 
trespassers off. 
In regard to the seaweed which floats 
in at high water, if the same is obtained 
by people in boats before it affixes itself 
to your property, it probably would be¬ 
long to the person that collects it, but 
they cannot go on your property to col¬ 
lect it. If they do they are trespassers. 
To make this seaweed your property, it 
must combine itself with the particles 
of soil in the adjacent land in such a 
manner that it can fairly be said to have 
combined with it so that it really be¬ 
comes part of the soil. It then belongs 
to you. 
“ More or Less” in Deeds.” 
C came to me (S) to buy my land 
with buildings. S (myself) shows C to¬ 
gether with a different relation of C’s on 
two separate occasions, the dividing 
fences and all boundary lines, etc. (which 
C now acknowledges). S from slip of 
memory believed and at both times told 
C that there is about but not quite five 
acres of land. Lawyer draws agreement 
from description of both parties (deed 
not at hand), S to deliver April 1 to C 
the land with buildings now owned and 
occupied by S, bounded by lands of L)., 
E., F., and G. No measurements given 
except five acres more or less. C pays 
$40 balance on acceptance of deed. Deed 
tendered C, drawn exactly as original 
deed to S shows three and one-fifth acres 
only. C refuses deed while acknowledg¬ 
ing that S in transferring all the land S 
owned at any time, and the identical 
piece of land he examined as to boundary 
lines, etc., but that S must deliver five 
acres as per agreement or pay C (exces¬ 
sive) damages. C and relatives claim 
willingness to swear S stated S had 
measured land, which is false, and S 
not capable of doing so. Is this the law 
of Pennsylvania? s. 
Pennsylvania. 
The law in Pennsylvania and else¬ 
where seems to be that "more or less,” 
as used in the description in a deed, in¬ 
dicates an intention that any small var¬ 
iation either above or below the num¬ 
ber of acres mentioned shall be no cause 
for complaint by either party. For any 
small deficiency the purchaser will be 
held to have assumed the risk, and for 
any small excess the vendor will have 
no relief. In order to maintain an action 
on the ground of variances between the 
number of acres actually contained in 
the tract and that stated in the descrip¬ 
tion, there must be some evidence of 
fraud or mistake. In this case, where S 
states that his land contains five acres 
more or less, and there is found to be 
three and one-fifth acres, there is consid¬ 
erable of a discrepancy, and notwith¬ 
standing the fact that C knew the bound¬ 
aries, it may be held that there is too 
great a difference. It would, however, 
all depend on questions of fact; that is, 
whether C was sufficiently acquainted 
with land to know by viewing the parcel 
whether there were three or five acres in 
it, and whether S knew that there were 
only three and one-fifth acres when he 
told C there were about five acres. If 0 
will take a reasonable view of the matter 
and accept a reasonable amount of set¬ 
tlement. that would appear to be the best 
way out of the difficulty. 
Owner’s Right in Adjoining Stream. 
We are two women who own a farm, 
our home. There is a stream running 
across a part of it; then running across 
a yard, where our stock (horses, cattle 
and poultry) have to get their drinking 
water. In Spring (in March) when 
spraying of orchards is going on, a neigh¬ 
bor above, either rinses his barrels of 
spraying mixtures, or somehow gets the 
mixture into the creek, so that it comes 
down the creek (the current is not strong 
enough to carry it farther) and settles 
in the stream where my stock have to 
get their drinking water. It poisons 
my fowls, and I am afraid for my stock, 
as they do not like to drink it. lie also 
has a concrete dam in the creek, also 
puts his rubbish in the side of stream, 
which washes down on us, (tin cans, 
etc). What can we do? P. L. w. 
New York. 
It is your right, as owner of land 
through which a stream runs, to have the 
stream continue to flow through your 
premises in its natural condition of pur¬ 
ity and free from any contamination or 
pollution, such as would render it unfit 
for domestic or farming purposes, but 
this right, of course, is subject to the 
right of each proprietor to use the stream 
to a reasonable extent, and each owner is 
entitled to make such use of the stream 
as does not inflict substantial injury 
upon other owners. It would seem from 
your letter that the neighbor is making 
such unlawful use of the stream as to in¬ 
jure your property and damage your 
rights in the stream. Before writing to 
the State Board of Health, it might be 
well to send a letter to the owner who is 
doing the damage. If he does not stop 
polluting the stream, you can sue him 
for damages and also complain to the 
State Board of Health. Neither does the 
owner higher up the stream have the 
right to obstruct or detain the water of 
the stream to your detriment. You have 
a right to the unobstructed natural flow 
of the stream, and another owner cannot 
detain or consume so much of the water 
as may interfere with your rights. Of 
course, each owner along the stream has 
a right to as much water as may be 
reasonable and necessary for his proper ! 
domestic and farming uses, but he has 
not right to dam the water and keep 
it from you entirely, unless he has ac¬ 
quired it by prescription, that is, used it 
in that way to you or your predecessors’ 
detriment for 20 years or more. 
Getting Rid of Gray Squirrels. 
Can you tell me how to get rid of grey 
squirrel? I have a couple of acres in a 
small suburban place, and am overrun 
with them. They not only destroy build¬ 
ings, but I have seen them eat birds’ 
eggs, destroy their nests, and they clean 
out my strawberries and cut off my fruit, 
dig up my bulbs and flowers and do great 
damage to my young trees. I don’t want 
to shoot them, but all other methods have 
failed. I have tried arsenic and strych¬ 
nine mixed up with nut food and placed 
it where the birds could not have access 
to it, and though the foraging must be 
hard work in this deep snow, they won’t 
touch the poison offered. s. s. w. 
West Newton, Mass. 
It. N.-Y.—We turn this over to our 
readers who seem to have had experience 
with all sorts of things, from blessings to 
pests. 
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(1481) 
