Real and personal Real property. Land. Fixtures. Appurte nances. Personal property. person claiming them, or when tamed, or taken and held in possession, or disabled and immediately pursued. $162. Property is either: 1. Real or immovable; or, 2. Personal or movable; $ 163. Real or immovable property consists of: 1. Land: 2. That which is affixed to land; and, 3. That which is incidental or appurtenant to land. $164. Land is the solid material of the earth, whatever may be the ingredients of which it is composed, whether soil, rock, or other substance. $165. A thing is deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines or shrubs; or imbedded in it, as in the case of walls; or permanently resting upon it, as in the case of buildings; or permanently attached to what is thus permanent, as by means of nails, bolts or screws. S 166. A thing is deemed to be incidental' or appurtenant to land, when it is by right used with the land for its benefit; as in the case of a way, or watercourse, or of a passage for light, air or heat from or across the land of another. Smyles v. Hastings, 22 N. Y., 217, 222. 2 Lampman v. Milks, 21 N. Y., 505, 511. S 167. Every kind of property that is not real is personal. TITLE II. OWNERSHIP. CHAPTER I. Owners. II. Modifications of ownership. III. Rights of owners. IV. Termination of ownership. CHAPTER I. OWNERS. SECTION 168. Owner. 169. Property of the state. 170. Who may own property. S168. All property has an owner, whether that owners. owner is the state, and the property public, or the owner an individual, and the property private. The state may also hold property as a private proprietor. the state. $169. The state is the owner of all land, below Property of high water mark, bordering upon tide water; of all land below the water of a lake or stream which constitutes an exterior boundary of the state; of all property lawfully appropriated by it to its own use; of all property dedicated to the state, and of all property of which there is no other owner. The ultimate right of the state to all other property is S170. Any person, whether citizen or alien, may take, hold, and dispose of property, real or personal. Substituted for 2 R. S., 57, § 4. See note on page 51. Who may perty. own pro. CHAPTER II. MODIFICATIONS OF OWNERSHIP. ARTICLE I. Interests in property. III. Restraints upon alienation. Ownership, absolute or qualified. When abso lute. ARTICLE I INTERESTS IN PROPERTY. SECTION 171. Ownership, absolute or qualified. 172. When absolute. 173. When qualified. 174. Several ownership, what. 175. Ownership of several persons. 176. Joint interest, what. 177. Partnership interest, what. 178. Interest in common, what. 179. What interests are in common. 180. Interests as to time. 181. Present interest, what. 182. Future interest, what. 184. Limited interest, what. 185. Kinds of future interests. 186. Vested interests. 187. Contingent interests. 188. Two or more future interests. 189. Certain future interests not to be void. 190. Posthumous children. 191, 192. Qualities of expectant estates. 193, 194. Interests in real property. 195. What future interests are recognized. $171. The ownership of property is either. 1. Absolute; or, 2. Qualified. $172. The ownership of property is absolute, when a single person has the absolute dominion over it, and may use it or dispose of it according to his pleasure, subject only to general laws. Thus the use of gunpowder is restricted by general laws, but its ownership may nevertheless be justly called $173. The ownership of property is qualified: 1. When it is shared with one or more persons; 2. When the time of enjoyment is deferred or limited; or, 3. When the use is restricted. When qualified $174. The ownership of property by a single per- Several son is designated as a sole or several ownership. ownership what. $175. The ownership of property by several per- Ownership sons is either: 1. Of joint interests; 2. Of partnership interests; or, 3. Of interests in common. of several persons. est, what. $176. A joint interest is one owned by several Joint inter persons in equal shares, by a title created by a single will or transfer which confers a right of survivorship. This provision is intended to confine the right of survi interest, $177. A partnership interest is one owned by Partnership several persons, in partnership, for partnership pur- what. poses. Collumb v. Read, 24 N. Y., 505; Buchan v. Sumner, 2 Interest in common, $178. An interest in common is one owned by several persons, not in joint ownership or partnership. what. These last five sections are substituted for 1 R. S., 726, $179. Every interest created in favor of several persons in their own right, including husband and wife,' is an interest in common, unless acquired by What inter ests are in common. Interests as to time. Present interest, what Future interest, what Perpetual interest, what. Limited interest, what. them in partnership, for partnership purposes,3 or unless declared in its creation, expressly or by necessary implication,' to be a joint interest, with a right of survivorship.2 This is contrary to the present law (Wright v. Saddler, 20 N. Y., 320, 323; Torrey v. Torrey, 14 id., 430), but seems necessary to make the rule consistent with the provisions of the Code relative to married women. 1 R. S., 727, § 44. 'See § 177, supra. 'Downing v. Marshall, 23 N. Y., 366, 388; Coster v. Lorillard, 14 Wend., 343. S180. In respect to the time of enjoyment, an interest in property is either: 1. Present or future; and, 2. Perpetual or limited. See 1 R. S., 722, § 7. These distinctions exist in regard to personal property as well as real (Westcott v. Cady, 5 Johns. Ch., 334; Gillespie v. Miller, id., 21; Randall v. Russell, 3 Meriv., 190; Hyde v. Parrat, 1 P. Wms., 1; 2 Vern., 331; Smith v. Clever, id., 59; Upwell v. Halsey, 1 P. Wms., 651; see Phelps v. Pond, 23 N. Y., 69; 28 Barb., 121; Kane v. Astor, 5 Sandf., 467; Beeckman v. Schermerhorn, 3 Sandf. Ch., 181; Mason v. Jones, 2 Barb., 229). S181. A present interest entitles the owner to the immediate possession of the property. 1 R. S., 723, § 8. S182. A future interest entitles the owner to the possession of the property only at a future period. This definition corresponds to that of "expectant estates" in 1 R. S., 723, § 9. A future interest is there distinguished from a reversion. This distinction is not, however, logical. A reversion is as truly a future estate as a remainder. $183. A perpetual interest has a duration equal to that of the property. S 184. A limited interest has a duration less than that of the property. |