The Law of Watercourses, Volume I The Law of Watercourses
By Joseph K. Angell
2000/05 - Beard Books - Law Classic
Volume I - 464 pp.
1893122921 - Paperback - Reprint
Volume II - 421 pp.
189312293X - Paperback - Reprint

Traces the fascinating early responses of the law to the complex and controversial issues inherent in the subject.

Publisher Comments 

Categories: Law | Real Estate

This title is part of the Treatises list.

Of Interest:

A Treatise on the Right of Property in Tide Waters

The Law of Remedies for Torts or Private Wrongs

This famous legal history traces the rise of the right to property in and use of a watercourse, i.e., bad banks, and running water, as well as incidental rights. The subject and legal responses to its problems are no less important today than when the book was originally written. The fascinating cases give great insight into the complex and controversial issues that arise. This treatise should be of great interest to all lawyers and environmentalists, as well as those who are curious in knowing how the law develops in response to a significant practical problem.

No book review available

Joseph Kinnicut Angell was born in Providence, Rhode Island on April 30, 1794. He graduated from Brown University in 1813 and was admitted to bar 3 years later. From 1829 to 1831, he was editor of the Law Intelligence and Review. As reporter to the Rhode Island Supreme Court, he prepared the first published reports of that state. He wrote or co-wrote several books including Treatise on the Right of Property in Tide Waters, and Treatise on the Common Law in Relation Water-Courses. He died in Boston on May 1, 1857.

Other Beard Books by Joseph K. Angell


Meaning of Watercourse, and of the General Right of Property Therein

Meaning of Watercourse 1-5
How the Private Right of Property in a Watercourse is Derived 5-10
How the Private Right of Property in a Watercourse is Apportioned between Opposite Riparian Owners 10-17
When Persons become Riparian Owners 17-41
Difference between a Boundary on a Watercourse and a Boundary on a Lake or Pond 41-44


Of Insular and Alluvial Rights, and of Right to Soil Relicted, as Incident to the Right of Property in a Watercourse 

Islands 44-53
Alluvion 53-57
Reliction 57-60
avulsion 60-61


Of the Right of Fishery as Incident to the Right of Property in a Watercourse 

Exclusive Right of Fishing in the Riparian Proprietors 61-71
Of a Several Fishery 71-75
Of a Free Fishery 75-77
Of a Common of Fishery 77-79
Right of Fishery as Derived from Special Grants 79-81
User of Private Fisheries 81-84
Obstruction of the Passage of Fish 84-90


Of the Right of Use of the Water as a Corporeal Hereditament

Of the General Right of Use 90-97
Of the Injury by Diverting the Water 97-108a
Surface Water and Drainage 108a-109
Subterranean Diversion 109-114a
The Easement of Drip 114a-115
Of the Injury by Obstructing and Detaining the Water 115-120
Of the Right of Irrigation 120-130
Of the Effect of Prior Occupation by a Riparian Proprietor 130-136
Of the Injury by rendering the Water corrupt and Unwholesome 136-141

Of the Right to the Use of Water as Derived from Special Grants and Reservations

Of Natural and Artificial Easements 141-144
Extent of the Right Granted 144-153
"Mill and Appurtenances" 153-158
Secondary Easements 158-167
Lex Loci 167-168
How Easements in Watercourses are Created 168-173
Reservation of Water Rights in Grants of Land 173-191
Unity of Possession 191-200

Of the Right to the Use of Water as Derived from Prescription, or from Presumed Grant

Foundations of Prescriptive Right 200-203
Grant as Presumed by Analogy to Act of Limitations 203-210
Adverse Enjoyment 210-224
Right acquired commensurate with Extent of Enjoyment 224-231
The Presumption as Relates to Parties not in Possession 231-237
Disabilities 237-240
Extinction of Presumed Water Rights 240-254
Public Rights 254-255

Of the Right to the Use of the Water as Depending Upon Contracts and Agreements in Writing

The Use Subject to Special Agreement 255-256
Contracts and Agreements by Specialty, and Which Run with the Land 256-273
Contracts Personal 273-279
Arbitrament and Award 279-285

Of the Right to the Use of the Water as Depending Upon Parol and Verbal License

Difference Between an Easement and a Right by License 285-286
Extent of the Right derived from Parol Licenses in general 286-295
Extent of the Right derived from Parol Licenses Executed, and as Conveying an Interest in Land 295-318
The Equitable Doctrine Concerning Parol Licenses 318-326
The Doctrine of Estoppel as Applicable to 326-330

Of Inundation and Backwater, Caused By the Use of the Water

Overflowing Land Above 330-335
Flooding Land Below 335-340
Backwater upon a Mill Above 340-350
Prior Occupation 350-353
Right to Overflow or Cause Backwater as Derived from Special Grants and Reservations 353-372
Prescriptions, or Twenty Years' Enjoyment 372-387
Parol Licenses 387-388

Of the Nature of the Injuries Done to, and by Means of, a Watercouse; the Remedies; and of the Parties, Pleadings and Evidence

Nature of Such Injuries 388-389
Remedy by Act of the Party 389-394
Remedy at Law 394-395
Action on the Case 395-398
By Whom to be Brought 398-402
Against Who to be Brought 402-405
The Declaration 405-422
Pleas 422-426
Evidence 426-440
Actions of Covenant and Assumpsit 440-444
Equitable Remedies 444-457

Of the Right of Eminent Domain as Applied to Private Property in Watercourses

The Universality and Limit of the Right of Eminent Domain 457-458
As a Part of English :Law 458-461
As a Part of the Constitutional Law of the United States 461-466
Of the "Public Use" 466-472
Of the Nature and Kind of Compensation 472-475
Of the Provision for Indemnity 475-478

Statutes for the Encouragement and Support of Mills, by Authorizing the Owners and Occupants Thereof to Overflow the Land of Other Persons

As Founded on Doctrine of Eminent Domain 478-480
The Provisions of Statutes of Different States 480-484
Their Effect in Abolishing the Common-Law Remedies 484-487
The Public Good as the Basis of Such Statutes, and Their Broad Provisions and Construction to this End 487-490
Do Not Authorize the Overflowing of Existing Mills 490-492
How and When the Land becomes Condemned to be Overflowed 492-496
How a Mill Once Used becomes Abandoned 496-500
Claim for Damages Waived by Parol 500-504
Prescriptive Right to Flow without Payment of Damages 504-507
In Respect to Land Overflowed Which is Under the Jurisdiction of Another State or of the United States 507-509
Of the Complaint Under the Statute of Massachusetts, and the Proceedings Following It 509-526
Of the Complaint Under the Statute of Maine, and the Proceedings Following It 526-535

Of Such Watercourses as Are Subjected to Public Use

When a Watercourse is a Public Highway 535-542
The Common-Law Distinction between Rivers Boatable and "Navigable" and How Far the Distinction Has Been Recognized 542-551
Public Right to the Banks of Public Rivers 551-554
Obstructions to the Navigation of Public Rivers 554-562
Remedies in Cases of Obstructions 562, et seq.


Statutes of Massachusetts authorizing the Flowing of Land 739-745
Of Maine 747
Of Virginia 752
Of Rhode Island 756
Forms and Declarations 760
Petitions 769

home    |    about us     |     contact us    |     related sites