Cross v. Kitts

Citations

• 69 Cal. 217
• 10 P. 409
• 1886 Cal. LEXIS 657

Syllabus

<p>Easement—Transfer of — Conveyance of Dominant Tenement.—A transfer of real property passes all easements attached thereto, and creates in favor of such property an easement to use other real property of the vendor in the same manner and to the same extent as the latter was obviously and permanently used by the vendor for the benefit of the former at the time the transfer was agreed upon or completed.</p> <p>Id.—Percolating Waters—Rights in how Acquired.—Percolating waters collected or gathered in a stream running in a defined channel constitute property, or incidents of property, which may be acquired by grant, express or implied, or by appropriation; and when rights in such percolating waters are acquired, the owner cannot be divested thereof by the wrongful acts of another.</p>