Van Siclen v. Muir

Citations

• 46 Wash. 38
• 89 P. 188
• 1907 Wash. LEXIS 554

Syllabus

<p>Boundaries — Navigable Waters — -Shore Lands — Title. The government meander line of a navigable lake marks the boundary of a grant made prior to the adoption of the constitution only where the same is below high-water mark, and if the meander is above high-water mark, the owner took title to the land to high-water mark.</p> <p>Estoppel — After-Acquired Title. Aid and consent in extending a walk and wires across a certain lot does not amount to an estoppel against the maintenance of the same, as against an after-acquired title in the lands.</p> <p>Licenses — Use of Real Property- — Revocation. Aid and consent in extending a walk and wires across a certain lot amounts to but a license revocable at any time.</p> <p>Navigable Waters — Riparian Rights — Lands Under Waters. A littoral owner upon a navigable lake having the preference right to purchase the abutting shore lands is entitled to a mandatory injunction against the use of the shore lands by another for access to a house boat moored in front of the land.</p> <p>Same — Obstruction—Nuisances—Abatement. A littoral owner upon a navigable lake is not entitled to the removal of a house boat moored in front of his property, as an obstruction in navigable water affecting his littoral rights or as a trespass constituting a nuisance; since only the state can object thereto or bring action to abate such a nuisance.</p> <p>Public Lands — Lands Under Waters — Ownership. The shore lands on Lake Washington belong to the state, under the act of Congress admitting the state, which so declared as to the shores and beds of all navigable rivers and lakes up to and including the line of ordinary high water, and under Laws 1897, p. 730, § 4, declaring shore lands to be “lands bordering on navigable lakes and rivers below the line of ordinary high water and not subject to tidal overflow”; it appearing that the shores of Lake Washington are covered and uncovered by the rise and fall of the waters of the lake.</p>