3) Land, Water, and Air Rights

Question 1

Real Estate

Answer 1

Land and its improvements; mines, minerals, and quarries under the land; air and water rights associated with land; and other rights and privileges related to land

Question 2

Land

Answer 2

The solid surface of the earth and the natural elements (water and minerals) associated with it.

Question 3

Surface Water

Answer 3

Water upon the surface of the earth in flowing streams and lakes

Question 4

Navigable Waters

Answer 4

Waters that have the capacity to be useful for commerce or travel

Question 5

Riparian Land

Answer 5

Land that borders on a stream, river, or watercourse

Question 6

Littoral Lands

Answer 6

Land that borders an ocean, sea, or lake

Littoral owners own only to the high-water line.

Question 7

Natural Flow Doctrine

Answer 7

The riparian rights principle that each riparian owner possesses the right to the ordinary flow of water along her land undiminished in quantity and unimpaired in quality

Question 8

Reasonable Use Doctrine

Answer 8

The riparian rights principle that allows a riparian owner to make reasonable use of the water that flows by his land

Dominates water rights law in riparian states.

permits the riparian owner to make any use of water that does not unreasonably harm a lower riparian owner. The upper owner thus may reduce the natural flow of the stream as long as the action does not unreasonably injure the lower owner.

Question 9

Prior Appropriation

Answer 9

Water rights doctrine giving primary rights to first users of water.

It creates a superior right in the person who is the first to use a body of water for economic purposes. The recording of a permit may be needed to establish this priority

Question 10

Percolating Water

Answer 10

Water that passes through the ground, not flowing in a clearly defined underground stream or supplied by streams flowing on the surface

Question 11

Correlative Rights Doctrine

Answer 11

A legal doctrine that prohibits depletion of a common pool of oil or gas; sometimes applied to water.

Landowners must share percolating waters in proportion to their ownership of the surface area. Property owners may not extract more than their share even if the water is being used beneficially on the land.

Only used in California.