Duties Of Land Owners

Question 1

Right to support

Answer 1

Right of owner to have his land supported by neighboring parcels (lateral support) and by those using the land under his (subjacent support).

Question 2

Lateral support

Answer 2

Neighbor is strictly liable for causing loss of lateral support.
only applies to neighboring parcels. if land has improvements (building) then must prove would have suffered loss of support even if there were no improvements.
alternatively, prove negligence.

Question 3

Subjacent support

Answer 3

User of subsurface layer is strictly liable to owner.
some courts say liable for improvements if they were there before the mining began.
alternatively must prove negligence.

Question 4

Riparian rights

Answer 4

Governs rights to water that naturally flows though land

can’t unreasonably diminish the quantity or quality of the water used by those down stream.

Question 5

Underground water

Answer 5

Surface owners are allowed reasonable use of underground water.
Can be liable for unreasonably diminishing the underground pool.

Question 6

Fixtures

Answer 6

Personal property attached to the land such that it becomes part of the real property.
Consider:
1. Annexation: extent it is firmly affixed.
2. How central is it to the use if the property (water lines).
3. Intent of the parties who affix the fixture.
If it is a fixture, owner would be liable to mortgagor for removal.
exception: trade fixtures in commercial property.
could be liable for damage done upon removal.