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    1. Re: [DUTCH-COLONIES] Land Record term
    2. Steve Brewer
    3. Jim and Howard, That would make sense. They're basically saying that there is a path to the street 1 rod, 4 ft wide that is free from obstructions (free drop) on both sides. Thanks, Steve -----Original Message----- From: dutch-colonies-bounces@rootsweb.com [mailto:dutch-colonies-bounces@rootsweb.com] On Behalf Of James Brady Sent: Monday, April 23, 2007 11:33 PM To: dutch-colonies@rootsweb.com Subject: Re: [DUTCH-COLONIES] Land Record term I don't have anything to point to, but I'm thinking that "free drop" could be comparable to dropping a plumb bob at the extremities of the measure. Or if you're using a measuring chain, that you could let the ends fall free, or "free drop", while making that measurement. So if this was a measurement of an accessway to a back lot, it could be the width of an unemcumbered path. The path, itself, might be wider at some points, but might have a choke point from structures on either side somewhere along that path. Continuing to think conceptually, a back lot would sell after front lots. Whatever access you had, I assume, wouldn't let you contest any pre-existing contruction on the front lots. As a surveyor, not passing legal judgement, I would assume that your maximum property width was the unemcumbered width and that the adjoining owners hadn't sold you the right to tear down parts of their, possibly impeding, structures. Jim -----Original Message----- From: dutch-colonies-bounces@rootsweb.com [mailto:dutch-colonies-bounces@rootsweb.com]On Behalf Of Howard Swain Sent: Monday, April 23, 2007 8:41 PM To: dutch-colonies@rootsweb.com Subject: Re: [DUTCH-COLONIES] Land Record term Hi Steve, From: "Steve Brewer" <slbrewer@fuse.net> Sent: Wednesday, April 18, 2007 9:43 AM Subject: [DUTCH-COLONIES] Land Record term > I'm looking over New Amsterdam land records and am curious if anyone knows what "free drop on both sides" refers to in the following sentence, "Width in front on the street, with free drop on both sides, 1 Rhineland rod 4 feet 6 inches."< I assume this is from the description of Adam's Brouwer's lot at the 1656 sale as shown in Stokes' Iconography II:368. Recall, I had written that the lot did not abut a street. It now appears to me that Adam had a thin (1 rod, 4 ft, 6 in wide) strip from his lot out to Beaver St. That appears to be the part described by the "free drop". Other than that, I don't have a clue. Also, see the Dutch Grants map (plate 87). Regards, Howard hswain@ix.netcom.com ------------------------------- To unsubscribe from the list, please send an email to DUTCH-COLONIES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message ------------------------------- To unsubscribe from the list, please send an email to DUTCH-COLONIES-request@rootsweb.com with the word 'unsubscribe' without the quotes in the subject and the body of the message

    04/24/2007 01:46:50
    1. Re: [DUTCH-COLONIES] Land Record term
    2. Leslie B. Potter
    3. Gentlemen: I finally found a moment to dragged out my books on Roman/Dutch law. I am inclined to suspect that the "free drop on both sides" has to do with a type of "Servitude" in Roman Dutch law, which deals specifically with handling water and run-off in an urban setting. (Please see Urban servitude # 5) However, I'll let you read all of the material on servitudes and judge for yourselves. So for what it is worth, this is what I found on "Servitudes" in R. W. Lee's An Introduction to Roman/Dutch Law page 164 to 169. 1. Rights of Way for the following purposes: a) walking and riding (iter) which the Dutch writers subdivided into foot-path (voet-pad) and bridle-path (rij-pad); b) for driving cattle as well as forgoing on foot and hosre-back, and for light vehicles (actus-dreef); c) for all kinds of traffic including laden wagons (via-weg); to which may be added d) i.e. a way of necessity (nood-weg), a way to be used only for the harvest, for carrying a corpse to burial or other necessary purpose, or a way giving necessary access to a public road. 2. Water Rights: a) right of leading water over or out of another's land (aquae ductus - water-leiding) b) right of discharging water on to another's land (water-lozing) c) right of drawing water from another's private stream, well, or cistern (aguae haustus - water-haling) d) right of watering cattle (pecoris ad aquam appulsus) e) right of access to water over another's land (water-gang). 3. Right of taking sand out of another's soil or of taking lime and having a lime-kiln on another's land . 4. Right of pasture. The above list is not exhaustive. Other real servitudes may be created in any of ht recognized ways provided that they are of such a nature as to benefit the dominant estate, and in other respects satisfy the legal condition of servitudes. The following are urban servitudes: 1. My right to require my neighbor to support the weight of my house or wall (jus oneris ferendi - muurbezwarning.) 2. My right to drive timber, &c., into my neighbor's wall (jus tigni immittendi - inbalcking ofte inanckering). 3. My right to have a balcony or other thing projecting over my neighbors land (jus tigni projiciendi vel protegendi) 4. My right to require you not to raise the height of your buildings (jus altius non tollendi - belet van Hoger timmering) 5. My right to DISCHARGE WATER FROM MY EAVES OR SPOUT ON TO YOUR LAND (Jus stillicidii vel fluminis - drop); or my contrary right to require you to DISCHARGE SUCH WATER on to my land (drop-vang) 6. My right to have an artificial drain passing through or over your land (jus cloacae mittendaw - goot-recht) 7. My right to lateral and vertical support for my building or other structures. Leslie > -----Original Message----- > From: dutch-colonies-bounces@rootsweb.com > [mailto:dutch-colonies-bounces@rootsweb.com] On Behalf Of James Brady > Sent: Monday, April 23, 2007 11:33 PM > To: dutch-colonies@rootsweb.com > Subject: Re: [DUTCH-COLONIES] Land Record term > > I don't have anything to point to, but I'm thinking that "free drop" > could > be comparable to dropping a plumb bob at the extremities of the measure. > Or > if you're using a measuring chain, that you could let the ends fall > free, or > "free drop", while making that measurement. > > So if this was a measurement of an accessway to a back lot, it could be > the > width of an unemcumbered path. The path, itself, might be wider at some > points, but might have a choke point from structures on either side > somewhere along that path. > > Continuing to think conceptually, a back lot would sell after front > lots. > Whatever access you had, I assume, wouldn't let you contest any > pre-existing > contruction on the front lots. As a surveyor, not passing legal > judgement, I > would assume that your maximum property width was the unemcumbered width > and > that the adjoining owners hadn't sold you the right to tear down parts > of > their, possibly impeding, structures. > > Jim > > -----Original Message----- > From: dutch-colonies-bounces@rootsweb.com > [mailto:dutch-colonies-bounces@rootsweb.com]On Behalf Of Howard Swain > Sent: Monday, April 23, 2007 8:41 PM > To: dutch-colonies@rootsweb.com > Subject: Re: [DUTCH-COLONIES] Land Record term > > > Hi Steve, > > From: "Steve Brewer" <slbrewer@fuse.net> > Sent: Wednesday, April 18, 2007 9:43 AM > Subject: [DUTCH-COLONIES] Land Record term > > >> I'm looking over New Amsterdam land records and am curious if anyone > knows > what "free drop on both sides" refers to in the following sentence, > "Width > in front on the street, with free drop on both sides, 1 Rhineland rod 4 > feet > 6 inches."< > > I assume this is from the description of Adam's Brouwer's lot at the > 1656 sale as shown in Stokes' Iconography II:368. > > Recall, I had written that the lot did not abut a street. It now > appears > to me that Adam had a thin (1 rod, 4 ft, 6 in wide) strip from his lot > out to Beaver St. That appears to be the part described by the > "free drop". Other than that, I don't have a clue. > Also, see the Dutch Grants map (plate 87). > > Regards, > Howard > hswain@ix.netcom.com > > > ------------------------------- > To unsubscribe from the list, please send an email to > DUTCH-COLONIES-request@rootsweb.com with the word 'unsubscribe' without > the > quotes in the subject and the body of the message > > > ------------------------------- > To unsubscribe from the list, please send an email to > DUTCH-COLONIES-request@rootsweb.com with the word 'unsubscribe' without > the quotes in the subject and the body of the message > > > > ------------------------------- > To unsubscribe from the list, please send an email to > DUTCH-COLONIES-request@rootsweb.com with the word 'unsubscribe' without > the quotes in the subject and the body of the message

    04/24/2007 08:15:52