153 Mass. 497 | Mass. | 1891
In this case, it is unnecessary to consider particularly the deeds under which the plaintiff derived his title. It is enough to say, that, on April 20, 1888, he was the owner of the locus described in the declaration, so far as there could be private ownership of that property, and that he was also the owner of the land which he conveyed on that day to Thomas B. Wilcox, which was subsequently conveyed to the City Manufacturing Company, under whose license the defendant justifies the alleged trespass. The question presented is whether by that deed the plaintiff’s rights in the property which was used as a dock passed to Wilcox, and, if not, whether after the conveyance of the adjacent land to low-water mark, or to a point below low-water mark, he could still retain a title in the dock between that land and the channel such as would enable him to maintain a suit for a trespass.
His title to the property used as a dock was originally acquired under the St. of 1806, c. 18, which is printed in a footnote to page 209 of Volume 108 of the Massachusetts Reports. Under that statute, the owners of land on Acushnet River in the neighborhood where his lot is situated are authorized “ to erect, continue, and maintain wharves parallel with the line of their several lots, as they abut upon said river; said wharves to extend $0 the channel of said river, if the owners of said lots
We are of opinion that the plaintiff might, if he chose, sell the land above high-water mark, or sell that and a part of the land covered with water, and retain his wharf and his dock, or any part of either of them. ¡
It is very clear that he did not intend to sell the dock. His deed to Wilcox described the granted premises by a boundary which plainly excluded the dock. Other rights and privileges were expressly given in connection with the property sold, and it is therefore implied that he did not intend to give any in the dock, except perhaps the right to pass over it to gain access to the property sold.
Judgment on the verdict.