Legal Opinion
Knapp v. Hughes
New York Court of Appeals
Decided October 18, 2012PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
It has long been established New York law that a conveyance of land on a pond or stream includes the land under the pond or stream, to the center of the water, unless a contrary intention is made clear. We reaffirm that principle in this case, and hold that its application does not depend on minor variations in the language of the conveyance.
I
Defendants own land on the shore of Perch Pond. Both plaintiffs and defendants claim to be the owners of the land under the pond that is adjacent to defendants’ waterfront land. Both thus claim to have the exclusive right to…
2Cases cited8 opinions
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Stewart v. . TurneyNew York Court of Appeals · 1923
- White v. Knickerbocker Ice Co.New York Court of Appeals · 1930
- The Seneca Nation of Indians v. . KnightNew York Court of Appeals · 1861
- Matter of BrookfieldNew York Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Torpy's Pond & Outdoor Club, Inc. v. DusellAppellate Division of the Supreme Court of the State of New York · 2021
- Bischoff v. WalkerDistrict Court of Appeal of Florida · 2013
- Suzanne P. v. Joint Bd. of Directors of Erie-Wyoming County Soil Conservation Dist.Appellate Division of the Supreme Court of the State of New York · 2019
- The Matter of Luis Alvarez v. Anthony J. AnnucciNew York Court of Appeals · 2022
- Trask v. Tremper Property Ass'nAppellate Division of the Supreme Court of the State of New York · 2014
1 more not listed; retrieve them via the Exa API.