Effect of power of

tended to take effect only on the death of the first taker, or the expiration, by lapse of time, of such term of years. N. Y. C. C., Sec. 238.

SEC. 782. A general or special power of appointment appointment does not prevent the vesting of a future estate limited to take effect in case such power is not executed. N. Y. C. C., Sec., 239.

Tenancy at will may be

by notice.

CHAPTER II.

TERMINATION OF ESTATES.

SECTION 788. Tenancy at will may be terminated by notice.

789. Form and service of notice.

790. Effect of notice.

791. Notice by tenant.

792. Double rent may be collected.

793. Re-entry, when and how to be made.

794. Summary proceedings in certain cases provided for.
795. Notice not necessary before action.

SEC. 788. A tenancy or other estate at will, however terminated created, may be terminated by the landlord's giving notice to the tenant, in the manner prescribed by the next section, to remove from the premises within a period of not less than one month, to be specified in the notice. N. Y. C. C., Sec. 240; Stats. 1861, 514, Sec. 1.

Form and service of notice.

Effect of notice.

SEC. 789. The notice prescribed by the last section must be in writing, and must be served by delivering the same to the tenant, or to some person of discretion residing on the premises; or if neither can, with reasonable diligence, be found, the notice may be served by affixing it on a conspicuous part of the premises, where it may be conveniently read.

N. Y. C. C., Sec. 241; Stats. 1861, 514, Sec. 2.

SEC. 790. After the notice prescribed by Secs. 788 and 789 has been served in the manner therein directed, and the period specified by such notice has expired, but not before, the landlord may re-enter, or proceed according to law to recover possession.

N. Y. C. C., Sec. 242; Stats. 1861, 514, Sec. 3.

tenant.

SEC. 791. If any tenant shall give notice of his inten- Notice by tion to quit the premises and shall not deliver up the possession at the time specified in the notice, he shall pay to the landlord double rent during the time he continues in possession after such notice.

"Landlord and Tenant," Sec. 4.

may be col

lected.

SEC. 792. If any tenant, or any person in collusion Double rent with the tenant, shall hold over any lands or tenements after demand made and one month's notice in writing given, in the manner prescribed in Sec. 789, requiring the possession thereof, such person holding over shall pay to the landlord double rent during the time he continues in possession after such notice, and such special damages as may be suffered by the landlord.

"Landlord and Tenant," Sec. 5.

SEC. 793. Whenever the right of re-entry is given to a grantor or lessor in any grant or lease, or otherwise, such re-entry may be made at any time after the right has accrued, upon three days notice, as provided in Secs. 1161 and 1162, CODE OF CIVIL PROCEDURE.

N. Y. C. C., Sec. 243.

SEC. 794. Summary proceedings for obtaining possession of real property forcibly entered or forcibly and unlawfully detained, are provided in Secs. 1159 to 1175, both inclusive, of the CODE OF CIVIL PROCEDURE.

SEC. 795. An action for the possession of real property leased or granted, with a right of re-entry, may be maintained at any time, in the District Court, after the right to re-enter has accrued, without the notice prescribed in Sec. 793.

N. Y. C. C., Sec. 244.

CHAPTER III.

SERVITUDES.

SECTION 801. Servitudes attached to land.

802. Servitudes not attached to land.

803. Designation of estates.

804. By whom grantable.

Servitudes

attached to

land.

Servitndes

not attached to land.

SECTION 805. By whom held.

806. Extent of servitudes.

807. Apportioning easements.

808. Rights of owner of future estate.

809. Actions by owner and occupant of dominant tenement.

810. Actions by owner of servient tenement.

811. How extinguished.

SEC. 801. The following land burdens, or servitudes

upon land, may be attached to other land as incidents or appurtenances, and are then called easements:

1. The right of pasture.

2. The right of fishing.

3. The right of taking game.

4. The right of way.

5. The right of taking water, wood, minerals and other things.

6. The right of transacting business upon land.

7. The right of conducting lawful sports upon land.

8. The right of receiving air, light or heat from or over,

or discharging the same upon or over, land.

9. The right of receiving water from or discharging the same upon land.

10. The right of flooding land.

11. The right of having water flow without diminution or disturbance of any kind.

12. The right of using a wall as a party wall.

13. The right of receiving more than natural support from adjacent land or things affixed thereto.

14. The right of having the whole of a division fence maintained by a coterminous owner.

15. The right of having public conveyances stopped, or of stopping the same, on land.

16. The right of a seat in church.

17. The right of burial.

N. Y. C. C., Sec. 245.

SEC. 802. The following land burdens, or servitudes upon land, may be granted and held, though not attached to land:

1. The right of fishing and taking game.

2. The right of a seat in church.

3. The right of burial.

4. The right of taking rents and tolls.

5. The right of way.

N. Y. C. C., Sec. 246.

of estates.

SEC. 803. The land to which an easement is attached Designation is called the dominant tenement; the land upon which a burden or servitude is laid is called the servient tenement.

N. Y. C. C., Sec. 247.

SEC. 804.

has a vested

A servitude can be created only by one who By whom estate in the servient tenement.

N. Y. C. C., Sec. 248.

grantable.

SEC. 805. A servitude thereon cannot be held by the By whom owner of the servient tenement.

held.

N. Y. C. C., Sec. 249.

servitudes.

SEC. 806. The extent of a servitude is determined by Extent of the terms of the grant, or the nature of the enjoyment by which it was acquired.

N. Y. C. C., Sec. 250.

ing ease

SEC. 807. In case of partition of the dominant tene- Apportionment, the burden must be apportioned according to the ments. division of the dominant tenement, but not in such a way as to increase the burden upon the servient tene

ment.

N. Y. C. C., Sec. 254.

owner of

future estate

SEC. 808. The owner of a future estate in a dominant Rights of tenement may use easements attached thereto for the purpose of viewing waste, demanding rent, or removing an obstruction to the enjoyment of such casements, although such tenement is occupied by a tenant.

N. Y. C. C., Sec. 252.

Actions by occupant of

owner and

SEC. 809. The owner of any estate in a dominant tenement, or the occupant of such tenement, may maintain an action for the enforcement of an easement attached tenement. thereto.

N. Y. C. C., Sec. 253.

dominant

owner of servient tenement.

SEC. 810. The owner in fee of a servient tenement Actions by may maintain an action for the possession of the land, against any one unlawfully possessed thereof, though a servitude exists thereon in favor of the public.

N. Y. C C., Sec. 254.

How extinguished.

SEC. 811. A servitude is extinguished

1. By the vesting of the right to the servitude and the right to the servient tenement in the same person.

2. By the destruction of the servient tenement. 3. By the performance of any act upon either tenement, by the owner of the servitude, or with his assent, which is incompatible with its nature or exercise; or,

4. When the servitude was acquired by enjoyment, by disuse thereof by the owner of the servitude for the period prescribed for acquiring title by enjoyment. N. Y. C. C., Sec. 250.

Water.

818. Rights of tenant for life.

819. Rights of tenant for years, etc.

820. Same.

821. Rights of grantees of rents and reversion.

822. Rights of lessees and their assignees, etc.

823. Remedy on leases for life.

824. Rent dependent on life.

$25. Remedy of reversioners, etc.

SEC. 817. The owner of land owns water standing thereon, or flowing over or under its surface, but not forming a definite stream. Water running in a definite