Pacific Iron Works v. Bryant Lumber & Shingle Mill Co.

Citations

• 60 Wash. 502
• 111 P. 578
• 1910 Wash. LEXIS 1080

Syllabus

<p>Public Lands — Shore Lands — Preference Right to Purchase— Valuable Improvements. The owner of a foundry is not entitled to a preference right to purchase shore lands as the owner of “valuable improvements” prior to March 26th, 1890, pursuant to Rem. & Bal. Code, §§ 6750, 6754, by reason of the erection of an “office building” constructed by one man in two or three days, and a coke shed of the capacity of one-half ton, the latter probably erected after March 26th, and the former at some indefinite time after December 24th, 1889, the value of the buildings not being shown; especially in view of the fact that the state had asserted its title to all tide lands November 11, 1889.</p> <p>Deeds — Grants—Easements—Right of Way. A right of way deed releasing and forever quitclaiming a strip for railway purposes, to revert to the grantors if ceased to be used for such purposes, grants an easement only, although some language in the granting and habendum clause is appropriate to convey the fee.</p> <p>Public Lands — Shore Lands — Preference Right to Purchase— Rights of Abutters — Conveyance of Easement. The grant of an easement for a railway right of way along a shore line extending to or below high water mark does not convey or affect the grantor’s preference right to purchase shore lands from the state as the owner of abutting uplands, under Rem. & Bal. Code, §§ 6750, 6754.</p>