Dana v. Jackson St. Wharf Co.

Citations

• 31 Cal. 118

Syllabus

<p>Land Gained from the Sea in the Harbor of San Francisco.—The doctrine that lands gained from-the sea hy washing up of sand or earth hy little and little become the property of the owner of the land adjoining, does not apply to a marine increase of alluvion caused by a purpresture, by the erection of a wharf in a public harbor.</p> <p>Title to Land beyond Water Front of San Francisco.—The owner of a lot on the water front of San Francisco does not become the owner of land adjoining* the lot and lying in the harbor beyond it, which land has been gained from the sea hy the gradual accretion of sand and earth caused by a purpresture, by the erection of a wharf in the public harbor beyond it.</p> <p>Right to build Wharf in Bay of San Francisco.—The owner of a lot on the water front of San Francisco has no right, without a license, to wharf out from his own land into the hay.</p> <p>Riparian Proprietor on Navigable Water.—At common law a riparian proprietor on navigable water has no right to wharf out against his own land.</p> <p>Right to sue for Purpresture in Bay of San Francisco.—In case of purpresture or encroachment by the erection of a wharf in the Bay of San Francisco beyond the city front, the right to recover possession is in the people, and not in the owner of the land adjoining on the city front.</p> <p>Riparian Proprietor.—The owner of a .lot upon the water front of San Francisco, as established hy statute, below low water mark, is not a “ riparian proprietor ** in the sens! in which that term is used in the law of tide waters, for the water front of San Francisco is of statutory creation.</p> <p>Increase of Land on Water Front of San Francisco.—In case of an increase of land by the accretion of alluvion in the bay on the water front of San Francisco, as established by statute, the owner of the lot adjacent has no right of entry thereon to the exclusion of the State, nor can he maintain ejectment against a stranger.</p>