LAND RIGHTS

Question 1

surface rights

Answer 1

refer to the right to access the surface area of a parcel of real property. They govern both natural elements and structures (called improvements) built on or attached to the uppermost layer of the land.

Question 2

subsurface rights (or mineral rights)

Answer 2

are ownership rights to all that is found beneath the surface of the tract of land owned, extending downward to the center of the Earth. The importance of this right lies largely in the fact that it may secure ownership of mineral deposits located under the surface of a property. For this reason, subsurface rights are also commonly referred to as mineral rights.

Question 3

air rights

Answer 3

refer to the right to use the air space above the surface of land

Question 4

air space

Answer 4

is the area above ground that is owned along with a property. It could include space above a piece of land or the space owned inside a condominium unit.

Question 5

water rights

Answer 5

When a property borders a body of water or a river, the right to enjoy the water is usually included in the bundle of rights

Question 6

riparian rights

Answer 6

govern the use of flowing water, such as rivers and streams that pass through or border a property

Question 7

littoral rights

Answer 7

govern lakefront or oceanfront property and usually allow the property owner to use the water bordering their property

Question 8

rule of capture

Answer 8

which states that a landowner who drills a well for gas or oil on their land is entitled to all that well produces — even if the gas or oil migrates from beneath a neighbor’s property

Question 9

Doctrine of Prior Appropriation

Answer 9

grants a state the power to control and regulate all water resources within its borders, and property owners must apply for a permit to use any available water source. The approvals are majorly affected by an owner’s rights to the water, but their concerns are considered.

Question 10

percolating water rights

Answer 10

refer to the use and ownership of underground water. Real property owners have a right to access that water by installing wells for their own us

Question 11

appurtenance

Answer 11

rights that run with real property ownership, most often transferred with the property, but possible to sell separately

Question 12

supporting rights

Answer 12

is the legal concept of responsibility adjacent landowners share.

Question 13

lateral support

Answer 13

provided by adjacent properties.

Question 14

Subjacent support

Answer 14

comes from the underlying earth