Beneficial Use

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notmartha
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Beneficial Use

Post by notmartha » Mon Nov 27, 2017 12:32 pm

See also Benefit.

From article HERE:
“My family has been on that land 141 years, my pioneer ancestors settled there in 1877 - there was nothing there. They carved out a living… they brought a horse and wagon and some provisions… this case, the government mentioned is “not about rights”, but it is - those rights do mean something - rights are created through beneficial use. When my ancestors arrived, undoubtedly the horse would need a drink, so they led him to the water and that is beneficial use. The horse and perhaps a cow that had been led behind the wagon need to eat some brush in the hills, that is beneficial use. That established rights. The water rights are real! So real, the State of Nevada has a water rights registry including livestock watering rights. A law was created to protect those rights. The water rights that my father owns were first registered in 1891 by the State of Nevada - the State of Nevada is important, a sovereign state, its own unit, which entered the union in 1864. It entered equal to the original states, it is its own entity and state laws are important.”
Bouvier’s Law Dictionary, 1856

none

Black’s Law Dictionary, 1st Edition, 1891

none

Black’s Law Dictionary, 2nd Edition, 1910
Beneficial use.

The right to use and enjoy property according to one's own liking or so as to derive a profit or benefit from it, including all that makes it desirable or habitable, as, light, air, and access: as distinguished from a mere right of occupancy or possession. Reining v. Railroad Co. (Super. Ct.) 13 N. Y. Supp. 240.
Black’s Law Dictionary, 4th Edition, 1968
BENEFICIAL USE.

The right to use and enjoy property according to one's own liking or so as to derive a profit or benefit from it, including all that makes it desirable or habitable, as light, air, and access; as distinguished from a mere right of occupancy or possession. Reining v. Railroad Co., Super.Ct., 13 N.Y.Supp. 240.

Such right to enjoyment of property where legal title is in one person while right to such use or interest is in another. Christiansen v. Department of Social Security, 15 Wash.2d 465, 131 P.2d 189, 191.

Black’s Law Dictionary, 5th Edition, 1979
Beneficial use.
The right to use and enjoy property according to one's own liking or so as to derive a profit or benefit from it, including all that makes it desirable or habitable, as light, air, and access; as distinguished from a mere right of occupancy or possession. Such right to enjoyment of property where legal title is in one person while right to such use or interest is in another. Christiansen v. Department of Social Security, 15 Wash.2d 465, 131 P.2d 189, 1 9 1 .

WEX Legal Dictionary
beneficial use
The right to enjoy the pleasant qualities of something such as light, air, view, access, or water in a stream even though the title to the property in which the use exists is held by another.
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