17. Rights In Real Property

Question 1

What are the types of water rights?

Answer 1

Watercourses (within earth)

• Riparian doctrine: Reparians (owners of land bordering watercourse) own water + liable for unreasonable uses
• Prior appropriation doctrine: State owns water
• First to use water => First to divert water

Groundwater (under earth)
- Surface Owner must make reasonable use of water

Surface water (above earth)
- Landowners can make changes to defend surface waters (harmful)

Question 2

What is Zoning?

Answer 2

Government may enact statutes to reasonably control land use, pursuant to its police powers

Question 3

What is required for variance?

Answer 3

Undue hardship
Variance NOT diminishing neighbouring properties’ value

Variance => Allows Landowner to depart from zoning structure

Question 4

What are the types of cumulative zoning ordinances?

Answer 4

Cumulative Zoning Ordinance (CZO)

• Hierarchy of land uses
  1) Residential use
  2) Commercial use

Non-Cumulative Zoning Ordinance (NCZO)
- Particular use for which land is zoned only

Question 5

What is Condominium Owner’s liability to HOA?

Answer 5

Pay regular duties to HOA
Maintain common elements (common stairways, front gate)

Otherwise, HOA will impose additional fee

Question 6

When may restraints on alienation in Condominium Unit Ownership be allowed?

Answer 6

Partial restraints (reasonable)

• Prevent lease interest transfer to Tenant
• Foster owner-occupied environment in redevelopment area

NOT Total restraints
NOT Discriminatory restraints

Question 7

What bases does Fair Housing Act prevent discrimination in sale/lease contracts?

Answer 7

Race
Ethnic origin
Religion
Sex
Family status
Disability