9. Support Rights/Water Rights Flashcards
What are Support Rights?
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.
What does ownership of land entail regarding support?
Ownership of land carries with it the right to have the land supported in its natural state by adjoining land.
When is an adjacent landowner strictly liable for damages caused by excavation?
If it is shown that the land would have collapsed in its natural state.
Under what condition is the excavating landowner liable for damages even if the land would not have collapsed naturally?
If the excavation is found to have been done negligently.
What is lateral support?
The right of a landowner to have their land supported in its natural state by the adjacent land.
Lateral Support
Obligation
A landowner must not excavate or remove soil on their property in a way that causes their neighbor’s land to collapse or subside.
Lateral Support
Natural State
Strict liability applies if a landowner’s actions (e.g., excavation) cause the collapse of their neighbor’s land in its natural state (without any structures on it).
Lateral Support
With Structures
If a neighbor’s land has buildings or other structures, the excavating landowner is liable for damage only if:
- They were negligent in the excavation, OR
- The excavation would have caused damage even if the land was in its natural state.
When is a landowner strictly liable for excavation activities?
If his excavation causes adjacent land to sink.
When does a landowner have no liability for subsiding of neighboring land?
If the subsiding is caused by natural conditions on the owner’s land.
What applies for strict liability when an adjacent land is improved?
Strict liability applies only if it would have naturally collapsed.
What is Subjacent Support?
The right of a property owner to have their land supported from below, usually in cases involving subsurface activities like mining or underground construction
Subjacent Support
Obligation
A landowner who owns subsurface rights (or grants them to another party) must provide adequate support for the surface land.
Subjacent Support
Surface Land in Its Natural State
The owner of subsurface rights is strictly liable for any subsidence (sinking or collapsing) of the surface land in its natural state.
Subjacent Support
With Structures
If structures are present, the owner of subsurface rights is liable only if:
- They were negligent, OR
- The excavation would have caused subsidence even if no structures were present.
When is an underground landowner liable for damages?
Only if she is negligent.
When is an underground occupant liable for damages?
For negligently damaging springs and wells.
When is an adjoining landowner not liable to an underground occupant?
For interfering with underground percolating water.
What are Riparian Rights?
Water rights for landowners bordering a navigable waterbody.
What is the Natural Flow Doctrine for Water Rights?
A landowner may make unlimited use of riparian water for domestic or natural uses.
When can a landowner use riparian water for artificial uses?
Only if the use does not substantially diminish the flow of the body of water.
What is the Reasonable Use Doctrine for Water Rights?
A riparian owner can use water reasonably within the watershed as long as it doesn’t unreasonably interfere with other riparian rights.
What is the Prior Appropriation Doctrine for Water Rights?
Awards the right to use water to the first person to take the water for beneficial purposes.
What is Diffuse Surface Water?
Water from rain or melted snow that runs over the surface of land outside of a recognizable body of water.
What is the Common Enemy Rule for Diffuse Surface Water?
An owner may use any method available to keep diffuse surface water from coming onto her land.
What is the Civil Law Rule for Diffuse Surface Water?
An owner was not permitted to interfere with the flow of diffuse surface water.
What is the Reasonable Use Rule for Diffuse Surface Water?
An owner may use reasonable means to alter the flow of diffuse surface water, even if surrounding landowners are harmed.
What is the rule for use of Underground Water?
Underground water is water that runs beneath the surface of the land.
What is Percolating Underground Water?
Water that percolates through the subsurface of the land.
What is the rule of capture for percolating underground water?
A possessor of land may take as much of the water percolating under his land as he desires.
What is the correlative rights test for percolating underground water?
All owners of land situated over a pool of underground water have equal rights to use the water.
