Brown v. Carkeek

Citations

• 14 Wash. 443
• 44 P. 887
• 1896 Wash. LEXIS 386

Syllabus

<p>WHARVES — APPURTENANCES — LEASE OF WATER LOT AND WHARF — EXTENSION BY TENANT OVER TIDE LANDS — RECOVERY BY LANDLORD.</p> <p>A wharf is not land within the rule that land cannot pass as appurtenant to land; and tide flats may pass as appurtenant to a wharf, if necessary to its use.</p> <p>A lease of a water lot with the appurtenances, containing a proj vision that all docks, wharves, buildings and improvements whatsoever which shall be erected by the lessee shall become the property of the lessor at the expiration of the lease, will cover a wharf erected by the lessee in connection with the lot, so that at the expiration of the lease the wharf and buildings will revert to the lessor, although the wharf extends beyond the limits of the lessor’s lot and upon tidelands not owned by him.</p>