9. Support Rights/Water Rights

Question 1

What are Support Rights?

Answer 1

An owner of real property has the exclusive right to use and possess the surface, airspace, and soil of the property.

Ownership of land carries with it the right to have the land supported in its natural state by adjoining land.

Question 2

What does ownership of land entail regarding support?

Answer 2

Ownership of land carries with it the right to have the land supported in its natural state by adjoining land.

Question 3

When is an adjacent landowner strictly liable for damages caused by excavation?

Answer 3

If it is shown that the land would have collapsed in its natural state.

Question 4

Under what condition is the excavating landowner liable for damages even if the land would not have collapsed naturally?

Answer 4

If the excavation is found to have been done negligently.

Question 5

What is lateral support?

Answer 5

A landowner has the right to lateral (side) support of his land from all neighboring parcels of land.

Question 6

What must an excavator leave in place to avoid liability for collapse of neighboring land?

Answer 6

Just enough support so that the neighboring land would not collapse without any structures on it.

Question 7

When is a landowner strictly liable for excavation activities?

Answer 7

If his excavation causes adjacent land to sink.

Question 8

When does a landowner have no liability for subsiding of neighboring land?

Answer 8

If the subsiding is caused by natural conditions on the owner’s land.

Question 9

What applies for strict liability when an adjacent land is improved?

Answer 9

Strict liability applies only if it would have naturally collapsed.

Question 10

What is Subjacent Support?

Answer 10

Subjacent support extends to land in its natural state and buildings existing on the date when the subjacent estate is severed from the surface.

Question 11

When is an underground landowner liable for damages?

Answer 11

Only if she is negligent.

Question 12

When is an underground occupant liable for damages?

Answer 12

For negligently damaging springs and wells.

Question 13

When is an adjoining landowner not liable to an underground occupant?

Answer 13

For interfering with underground percolating water.

Question 14

What are Riparian Rights?

Answer 14

Water rights for landowners bordering a navigable waterbody.

Question 15

What is the Natural Flow Doctrine for Water Rights?

Answer 15

A landowner may make unlimited use of riparian water for domestic or natural uses.

Question 16

When can a landowner use riparian water for artificial uses?

Answer 16

Only if the use does not substantially diminish the flow of the body of water.

Question 17

What is the Reasonable Use Doctrine for Water Rights?

Answer 17

A riparian owner can use water reasonably within the watershed as long as it doesn’t unreasonably interfere with other riparian rights.

Question 18

What is the Prior Appropriation Doctrine for Water Rights?

Answer 18

Awards the right to use water to the first person to take the water for beneficial purposes.

Question 19

What is Diffuse Surface Water?

Answer 19

Water from rain or melted snow that runs over the surface of land outside of a recognizable body of water.

Question 20

What is the Common Enemy Rule for Diffuse Surface Water?

Answer 20

An owner may use any method available to keep diffuse surface water from coming onto her land.

Question 21

What is the Civil Law Rule for Diffuse Surface Water?

Answer 21

An owner was not permitted to interfere with the flow of diffuse surface water.

Question 22

What is the Reasonable Use Rule for Diffuse Surface Water?

Answer 22

An owner may use reasonable means to alter the flow of diffuse surface water, even if surrounding landowners are harmed.

Question 23

What is the rule for use of Underground Water?

Answer 23

Underground water is water that runs beneath the surface of the land.

Question 24

What is Percolating Underground Water?

Answer 24

Water that percolates through the subsurface of the land.

Question 25

What is the rule of capture for percolating underground water?

Answer 25

A possessor of land may take as much of the water percolating under his land as he desires.

Question 26

What is the correlative rights test for percolating underground water?

Answer 26

All owners of land situated over a pool of underground water have equal rights to use the water.