that it does not correspond to the cumbersome forms that prevailed under the old law. Where the title to the land is not in question, but only the right to possess it, a simple and prompt remedy is generally provided in an action before a justice of peace for possession. An owner who has been deprived of possession is entitled by an action for damages to recover the profits of the land during the time the wrong-doer held possession, and it is usual to combine the claim for damages with the suit for possession. § 512. Injuries to land without dispossession.— The wrongs to real estate that have been enumerated have been by depriving the owner of possession; it remains to consider how the owner's land may be damaged without affecting his title or possession. These wrongs may be done (1) by the tenant in possession to the damage of another who has an interest; or (2) by a stranger. Wrongs of the former class are called waste; of the latter class, may be either nuisance or trespass by breaking the close. These will be discussed in order.

§ 513. Waste.-Waste is the doing or permitting lasting damage to the property by the person in possession, to the injury of some other person who has an interest therein. It may be committed, for example, by a life tenant as against a remainderman. The interest which qualifies one to complain of waste must be a vested interest.

§ 514. Kinds of waste.-Waste may be voluntary or permissive. Instances of voluntary waste are: Pulling down houses in whole or part, cutting valuable timber, removing a material part of the soil. In general a tenant is answerable for waste, even

though the act be done by a stranger, but he has his remedy over against the stranger. Permissive waste arises by negligence. Where the tenant is under obligation to keep the premises in repair, but negligently suffers the premises to became ruinous, it is

waste.

§ 515. Remedies.-At common law waste worked the forfeiture of the estate of the tenant; and such is still the law in some states. The most usual forms of remedy are the action for damages and injunction to prevent threatened or continued waste.

§ 516. Nuisance affecting land.-The nature of nuisance has been shown in the chapter treating of that subject. So far as relates to its effect upon real estate, a nuisance must cause some material and sensible injury to the property or its value. Anything done upon neighboring property, or upon highways so as to injuriously affect the property, may be deemed a nuisance. To unreasonably occupy the street in front of one's place of business and block the path, to carry on offensive business so that the property becomes uninhabitable, or to do anything whereby the crops or trees on land are blighted is a nuisance.

§ 517. Remedies.-The redress for nuisances causing damage to land is not different from that for other nuisances. The land-owner may abate the nuisance, if he acts reasonably and without breach of the peace. He may recover damages and judgment abating the nuisance, or he may have injunction.

§ 518. Trespass upon land. In the wrongs of nuisance the wrong-doer causes indirect or consequential injury without going upon the property itself. Where the injury results from the wrong

doer going upon the land, the wrong is called a trespass by breaking the close.

The owner, or the person in possession who is regarded as the owner, is entitled to exclusive dominion over the land. He may repel any one who attempts to infringe his right. For his protection the law supposes that every man's land is inclosed, whether there actually be a fence or not; and whenever the boundary line is crossed it is assumed that the close is broken and that damage has resulted. It may be generally stated, that every one who crosses the land-owner's boundary line is a trespasser by breaking the close unless he does so by lawful authority.

§ 519. The boundary line.-The boundary of land extends perpendicularly to the center of the earth and to the sky. Technically, an aeronaut would be a trespasser. Where the land is adjacent to a highway, the rule is generally that the line extends to the center of the highway. The land-owner owns the soil underlying the highway, subject only to the public easement. Consequently, he may treat as a trespasser one who violates the easement, and he may recover against the public itself if additional servitude is imposed. If the land is adjacent to a stream, the line extends to the center of the stream, or if a navigable stream to low-water mark only.

Any one who takes trees or herbage from the highway, or its soil, or who deposits material in the highway, or who cuts ice from a stream, may be liable as a trespasser to the adjacent land-owner.

§ 520. Who may be a trespasser.-It is not essential in order to make a man a trespasser that the

whole of his person shall cross the line. If any part of his person or anything physically under his control pass the line it is sufficient. So, too, a man is answerable for the trespasses of his cattle, and for the trespasses of persons acting under his authority. 521. Lawful authority.-An enumeration of the cases where one has no right to cross a land-owner's line would be too large; the law can be more easily ascertained by examining the cases where one is justified in entering. The right to enter is in law known as a license. License may be given (1st) impliedly by the owner, (2d) expressly by the owner, or (3d) by the law. These will be considered in the order stated.

§ 522. License impliedly given by the owner.—A dealer who exposes goods for sale impliedly authorizes the public to enter his store; artisans, physi cians, lawyers, who hold themselves out as ready to serve others, impliedly invite the public to enter. The owner of an easement has implied license to enter and repair it. And where a land-owner sells goods or is in wrongful possession of another's goods, there is an implied license to enter. Whoever holds himself out in any way to naturally attract others to enter impliedly invites them to do so. Every landowner impliedly licenses his neighbors and strangers to enter for any proper occasion, as business, social visits, to make inquiries and the like. The nature and extent of this implied license is controlled and measured by the kind of premises, the purpose of the entry and the general custom of the community.

§ 523. Express license by the owner.—A mere license exists wherever the owner grants to another a

right to enter, without giving him an interest in the land. Such a license is personal to the licensee and it is subject to revocation by the land-owner at any time before it is acted on. But when acted on by the licensee, it is irrevocable to the extent it has been acted on, though it may be revoked as to the part not acted on

If the license is "coupled with an interest," as it is called, it can not be revoked. For instance, if a land-owner sell cattle on his land, giving the right to the owner to leave them for a certain time, visit. them daily and take them away, the land-owner can not revoke the license.

§ 524. Effect of statute of frauds.-The rule that a license acted upon becomes irrevocable has been carried to the extent of practically overriding the statute of frauds in one respect. The statute of frauds provides that no conveyance of land or any interest therein shall be valid unless in writing. Nevertheless, it often happens that men will grant to each other licenses by parol to enjoy interests in each other's lands, and in face of the prohibition of the statute, will act upon them. This is especially noticeable in the matter of parol licenses to overflow land for mill purposes. By acting on this license, the licensee acquires an interest in the overflowed land, which the statute says is void because granted verbally. Yet the injustice of allowing the land-owner to revoke his license, after the licensee. has incurred great expense on its faith, is so glaring that courts of equity will enjoin the revocation.

§ 525. License by law.-This sort of license is of