Disputes About the Use of Land

Question 1

What are a land-owners support rights?

Answer 1

Lateral Support

• Undeveloped - strictly liable
• Improvements - strictly liable if land collapsed
• Improvements contribute to collapse - liable if negligent.

Subjacent Support
- Owner of mineral rights strictly liable for any failure to support the land and any buildings at the time rights conveyed.

Question 2

What are the two theories of water rights?

Answer 2

Riparian Rights
- Water belongs to those who own land boarding water. Reasonable use. Does not transfer apart from land.

Prior Appropriation
- Determined by priority of beneficial use. May be transferred seperatly.

Question 3

What are the rules relating to enablements?

Answer 3

Fructus Industriales = cultivation = Not conveyed

Fructus Naturales = no planting required = title passes with land.

Question 4

What are the different forms of easements?

Answer 4

Express

• By grant
• By reservation

Implied

1. Necessity
   - Virtually useless
   - Common ownership
   - Ends when necessity ends
2. Implication
   - Prior use
3. Prescription
   - Adverse possession
4. Estoppel

Question 5

What are the rules relating to fixtures?

Answer 5

FS owner typically intends for chattel to become fixture by attachment

Trespasser can remove in good faith

Non-Freehold tenant can remove if leased property can be restored; reasonable time.