two kinds: corporeal, or such as affect the senses, such as may be seen and handled by the body; incorporeal, or those which are not the objects of sensation, can neither be seen nor handled, are creatures of the mind, and exist only in contemplation.

§ 315. Lands bounded by streams.-The grant of a stream of water by that name will not pass the land over which it runs, but the grant of a parcel of land passes the property in the stream of water which runs over it as much as it does the property in the stones at the bottom of the stream. One who owns land on both sides of a stream owns the whole bed of the stream. When a stream bounds the lands of two, each owns to the thread of the stream. The owner of land over which water flows has the right to use the water without diminution or obstruction, except so far as the reasonable use of the same by other riparian owners may affect it. Strictly speaking, he has no property in the water itself, but a simple use of it while it passes along. No proprietor of land bounded by a water-course has a right to use the stream to the prejudice of another proprietor. He may not dam it so that it overflows the lands of those above him, except (1) where he gets their permission, or (2) where for certain public uses the statute authorizes him to do so upon compensating the owners for the injury. He may not foul the stream by carrying on a noxious trade which poisons the water or makes it unfit for use.

Where land is described as bounded by a nonnavigable lake, pond or stream, the general rule is that the boundary is the center or thread. This rule does not hold where there is anything in the grant to indicate a different intention. Where land abuts on the sea or its estuaries, or upon rivers in which the tide ebbs and flows

-only these being navigable at common law-the boundary is at high-water mark. In America there is some conflict as to what rule shall be applied to fresh-water lakes and the large rivers, which are navigable in fact but not at common law. As to these the weight of authority places the boundary at low-water mark. Where a nonnavigable stream gradually changes its course, the boundaries follow the change in the waters; but if the change be abrupt, the ownership remains according to the former bounds..

A proprietor of an island in a water-course owns to the thread of each branch of the stream, which in its natural course divides it from the main land. And where a water-course is thus divided by an island, and the smaller portion descends on one side, the proprietor by whose land such smaller quantity flows is entitled to no more water than naturally runs between his bank and the island.

§ 316. Islands.-Where islands are formed in the sea or a navigable river, they belong to the sovereign; in rivers not navigable and above where the tide ebbs and flows, they belong to the owners of the adjoining land. If there be an island exactly in the middle of the stream, it is equally divided between the two proprietors. But if one portion approaches nearer to one side of a stream than it does to the other, the greater part belongs to the owner of the nearer estate, according to its approximation thereto. When a river is the boundary line between two nations or states, if the original property be in neither and there be no agreement about it, each holds to the middle of the stream. But where one state is the original proprietor, and grants the territory on one side, as in the cession by Virginia of the territory northwest of the Ohio river, it retains the river within its domain and

the boundary of the lands ceded extends only to lowwater mark.

§ 317. Fixtures.-There is much controversy as to what is a proper definition of a fixture. A fixture is something annexed to land, as buildings, machinery or the like. Sometimes the manner and purpose of the annexation makes it a part of the realty, sometimes though annexed in a permanent manner it retains its character of personalty. The chattel must not only be laid upon the land, it must be annexed, set into, or fastened upon it, to become a part of the realty. Nor will every such annexing make it part of the realty. If a tenant puts a building or machinery upon land with the express agreement with the landlord that at the end of the term it may be removed, it does not become a part of the realty, unless during or at the end of the term he fails to remove it. But where the duration of the tenancy is uncertain, the law allows the tenant a reasonable time for removal of fixtures after the end of the tenancy. The general rule is that in the absence of a valid agreement to the contrary, fixtures once annexed become part of the land, so that conveyances, mortgages or other liens upon the land cover them. When the tenant puts up trade fixtures to be used in connection with his particular business, it has been held to be such a declaration of intention as to prevent their becoming part of the land. The old rules have been relaxed, so that it may be said that as between landlord and tenant, the latter may remove all such fixtures of a chattel nature as he himself has erected on the premises for ornament, domestic convenience, or to carry on trade, provided that such removal may be made without material injury to the freehold. The rule is modified sometimes by the usages and customs of particular localities or trades.

As between vendor and vendee, the rule is that all fixtures attached to the land by the vendor, and on the land at the time of the sale, pass to the vendee, unless they are expressly reserved by the terms of the contract of sale.

As between heir, devisee and executor, the rule is that fixtures annexed to the land by the testator go to the heir or devisee, and the executor has no right to them, unless the intent of the testator to have them treated as personalty has been plainly expressed. In an early case in Ohio the following were enumerated as the requisites of a fixture: (1) That it be actually annexed to the realty, or something appurtenant thereto. (2) That it be appropriate to the use or purpose of that part of the realty with which it is connected. (3) That it be intended by the party making the annexation to be a permanent accession to the freehold. What the intention was in making the annexation is inferred from the following facts: the nature of the article annexed; the relation of the party making the annexation, whether owner, tenant, etc.; the structure and mode of annexation; the purpose or use for which the annexation has been made.

§ 318. Boundaries.-Land has an indefinite extent, upwards and downwards. No man has a right to erect a structure, any part of which overhangs the land of another. If a tree planted on one man's land extends its branches over the adjoining premises, to the injury of another, the owner is responsible for the damages caused thereby, and the injured party may remove so much of it as overhangs his premises. A grant of land carries everything on it or beneath it, whether it be woods, houses, waters or metals-in a word, it carries everything terrestrial.

Boundary lines may be fixed by agreement. They

may be established by prescription. They may be settled by the conduct of the parties amounting to an estoppel. In the absence of these the law fixes boundary limits as a matter of policy, and in the interest of peace. A grant of land bounded by a navigable river, where the tide ebbs and flows, extends only to the high-water mark, but it has been held that, subject to government supervision and control, the owner of adjacent lands has the right to erect wharves and piers extending to low-water mark.

§ 319. Land bounded by highways.-Where a public road is the boundary line, the owners of land at each side own to the center of the road, and they have the exclusive right to the soil, subject to the right of passage by the public, and may use it in any way which does not impair the public right. This rule as to ownership to the center of the road will always prevail unless there is an express abandonment of the right by the owners. If, under the power of eminent domain, the highway is appropriated in whole or in part for any other public use, the adjacent landowners are entitled to compensation for such increased burden.

§ 320. Appurtenances. In grants of land, the phrase, “and all appurtenances," is commonly used. An appurtenance is a thing belonging to another thing and which passes as incident to the principal thing. It is inferior to the thing granted, but of the same nature. Land can not be appurtenant to land, and a conveyance of land bounded by the line of an adjoining highway will pass no title to the soil over which the highway passes, but the grant will give the grantee a perpetual As a general rule,

right of way as an appurtenance.

a grant of land carries with it as appurtenances all apparent benefits and easements that are incident to it