136 P. 661 | Or. | 1913
delivered the opinion of the court.
It appears from the record that the plat of Woodland addition was filed December 15, 1890. There are seventeen lots in the four blocks bordering on the Coquille Biver. These lots do not extend to any highway on the north except the river, and nine of them have no means of ingress or egress except by way of the river. Little Street, Salmon Street, Lower Main Street, and Lumber Street, running north and south adjacent to these blocks, are not indicated as terminating with the north line of said blocks by any line across the north end thereof; but the appearance of the plat leaves such streets open at the north end as though extending to the river. Coquille Biver is navigable at this point, and the land in dispute is tide'land title to which was obtained from the state. The east line of Woodland addition extends about 500 feet farther north than the west line, making the distance from the navigable channel at these points about the same, as the river flows southwesterly. The north lots extend north and south as though facing on the river, while the other lots in these blocks extend east and west facing on the streets. The north part of lot 2 is covered by about 2 feet of water at low tide, by 6 or 7 feet of water at high tide, and the land is uncovered for 50 or 60 feet north of the lot at the extreme low tide. There is a difference of 2 feet between the water gauge, established by the United States engineer at work on the river, and the local gauge, causing some confusion
It also appears that during the lifetime of Robert Walker there was a building used as a creamery erected in front of lot 3, block 3, and a woolen-mill in front of lot 1, block 4, and a large warehouse in front of lot 2, block 4 — A; that wharves have been extended to the channel; that none of the original owners made any objections to the erection of these structures, or to the use of such property, although Walker lived near the same for 19 years after the plat was filed.
The question is to be determined by ascertaining what was the intention of the dedicators of Woodland addition. Did they intend to leave a space between the north end of the addition and the Coquille River, or did they intend that the lots in the north row of blocks of the addition should be waterfront lots and entitled to the usual waterfront privileges? We have stated the allegations of the pleadings somewhat at length, not so much to show the issues in the case as to indicate the claims of the respective parties or their conclusions
The main contention of the defendants is that the riparian rights were severed from the lot hy the plat and dedication; that the ownership of plaintiff, shown to be dependent upon the common grantor, Bobert "Walker, is by the terms of the plaintiff’s deed clearly limited to the platted lot described in his chain of title; that he bought in reliance upon the plat, which gives him a certain tract of land and clearly expresses an intention to divest the riparian rights from the platted lot; that, under the authorities, such riparian rights are attached to the tract indicated on the plat as lying between the platted lines of the lot and the river. Plaintiff claims the right of ingress and egress from the lot to the river, and the right to wharf out to the navigable water of the Coquille Biver as appurtenant to his lot.
By the platting and dedication of Woodland addition to Bandon by the former owners, thereby laying out the property in blocks and lots constituting definite metes and bounds as shown on the map, and by conveyances of lots with reference to the map, the riparian or wharf rights were severed and disassociated from all the inside lots and attached to the outermost ones, of which plaintiff’s'lot 2, block 3, is a part: Grant v. Oregon Nav. Co., 49 Or. 324 (90 Pac. 178, 1099); Pacific Elevator Co. v. City of Portland, 65 Or. 349 (133 Pac. 72, 46 L. R. A. (N. S.) 363). The plat of Woodland addition contained in the record, taken in connection with the circumstances surrounding and following the dedication thereof, fairly implies that it was .the intention of the dedicators that the outermost platted lots should be deemed the shore lots, with all the riparian rights in the water and the land under the
The decree, except in this respect, is affirmed; plaintiff to recover costs. Affirmed.