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· 1/15/1881

Rivas v. Solary

Citations

  • 18 Fla. 122

Syllabus

<p>. 1. Under the provisions of the act of December 27th, 1856, entitled “ An act to benefit Commerce,” all the title of the State to the submerged land extending from the low water mark to the channel of the river was vested in the then riparian proprietor, and such proprietor had the right, subject to the conditions of the law, to convey that portion of the submerged land which extended from low water mark to the channel.</p> <p>2. Where the metes and. bounds of a deed executed by such riparian proprietor do not extend to the channel, but. are fixed without reference to the river as a boundary, the grantor retaining possession of structures upon the submerged land, and the grantee understanding that he got no title thereto, the title to the submerged land remains in the original riparian proprietor, and can be made the subject of a grant by him.</p> <p>8. Land does not pass under a deed as an appurtenance to land.</p>

Judges: Westcott

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