Braxon v. Bressler

Citations

• 64 Ill. 488

Syllabus

<p>1. Navigable stbeams—rights of riparian, proprietor. The title of a person owning land bounded by a stream of water, extends to the middle or center thread of the stream, and he may maintain replevin for rock or gravel taken therefrom by a trespasser or wrongdoer; and the navigability in fact of the stream above tide water does not affect the title of the riparian owner.</p> <p>2. Where the stream is navigable in fact above tide water, the public have an easement or right of passage upon it as a highway, but not the right to remove the rock, gravel or soil, except so far as is necessary to the enjoyment of the easement.</p> <p>3. Same—grants hordering on. Grants of land bounded on rivers, or upon their margins, above tide water, carry the exclusive right and title of the grantee to the center of the stream, unless the terms of the grant clearly denote the intention to stop at the edge of the river.</p>