effect from any other unlawful taking possession of land in absence of the owner. The reason for the former classification as distinct wrongs lies in the fact that formerly no ownership was full and complete without an entry; now, however, there is no interval and the title and complete ownership vest immediately. The wrong of disseizin, that is, entering upon land and depriving the owner of his possession, is the equivalent of all wrongs wherein the entry was wrongful from the beginning, and continued to be so. The wrong may be committed by one who gains possession for a limited purpose and wrongfully exceeds the authority granted, whereby the entire possession is held to be wrongful from the beginning.

§ 204. Unlawful detention.-Where the original taking possession was not unlawful, but the wrong consists in detaining the possession, this is likewise a dispossession of the owner. This may happen, in case of a lease for a definite term or during the life of another person, by the expiration of the term or by the death of the person; the tenant then holding over without right. It may also happen in case of an estate upon condition where the nonperformance of the condition forfeits the estate, and the tenant nevertheless holds the land.

§ 205. Remedies.-An owner's remedy for being deprived of possession of real estate may be by his own act or by legal process. He may by his own act enter upon and take possession of the land, provided he does not thereby commit a breach of the peace. He is not allowed the remedy by his own act, if the holder of the land has an apparent right to hold it, but in such cases the owner must resort to his remedy by action at law.

Under the common law various forms of action were

used for the recovery of real estate, but by judicial decision and legislative enactment, these forms have been gradually displaced and most of the law relative to them is obsolete. Under modern law the almost universal remedy for trying the title to lands is the action for possession, and this has been so simplified 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 wrongdoer held possession, and it is usual to combine the claim for damages with the suit for possession.

§ 206. 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.

§ 207. 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.

§ 208. 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 become ruinous, it is waste.

§ 209. 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.

§ 210. 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 affect injuriously the property, may be deemed a nuisance. To occupy unreasonably 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.

§ 211. Remedies.-The redress for nuisances causing damage to land is not different from that for other nuisances. The landowner 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.

§ 212. Trespass upon land. In the wrongs of nuisance the wrongdoer causes indirect or consequential injury without going upon the property itself. Where the injury results from the wrongdoer 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 landowner's boundary line is a trespasser by breaking the close unless he does so by lawful authority.

§ 213. 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 landowner 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 fresh water navigable stream or lake, to lowwater mark only.

Any one who takes trees or herbage from the highway, or its soil, or who deposits material in the highway, or 10-Elem. Law.

who cuts ice from a stream, may be liable as a trespasser to the adjacent landowner.

§ 214. 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.

§ 215. Lawful authority.-An enumeration of the cases where one has no right to cross a landowner'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 (1) impliedly by the owner, (2) expressly by the owner, or (3) by the law. These will be considered in the order stated.

§ 216. License impliedly given by the owner.-A dealer who exposes goods for sale impliedly authorizes the public to enter his store; artisans, physicians, 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 landowner 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 attract naturally 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