Land Rights Incidental to Ownership

Question 1

Lateral Support - Definition

Answer 1

Ownership of land includes the right to have land supported in its natural state by adjoining land; landowners can be liable for excavations that cause damage to adjacent land

Question 2

Lateral Support - Land in Natural State

Answer 2

Strict Liability

D landowner is strictly liable if excavation damages P’s adjacent land (i.e. D is liable even if he uses utmost care)

Question 3

Lateral Support - Buildings on Land

Answer 3

For D to be held strictly liable for damage to buildings, P must show his land would have collapsed in its natural state (i.e. absent buildings on the land) due to D’s excavations

Question 4

Lateral Support - Buildings on Land (Negligence)

Answer 4

If D is negligent in excavating, he is liable for loss or damage to adjacent land an buildings even if it would not have collapsed in its natural state

Question 5

Subjacent Support - Definitions

Answer 5

Underground structures must support surface structures existing when the subjacent estate was created

• Includes parking garages, tunnels, mines, etc.

Question 6

Subjacent Support - Liability (Strict)

Answer 6

Subjacent owners are strictly liable for failure to support surface land and pre-existing surface structures

Question 7

Subjacent Support - Liability (Negligence)

Answer 7

Subjacent owners are negligent for failure to support subsequently constructed buildings

Question 8

Two Governing Theories of Water Rights

Answer 8

1. Riparian Doctrine
2. Prior Appropriation Doctrine

Question 9

Two Riparian Doctrine Theories

Answer 9

1. Reasonable Use Theory
2. Natural Flow Theory

Question 10

Reasonable Use Theory

Answer 10

Majority

riparian owners share rights to reasonable use and are liable to other owners if their use unreasonably interferes with other owners’ use

• Balance utility of use v. gravity of harm

Question 11

Natural Flow Theory

Answer 11

Minority

Riparian owners may be enjoined for any use resulting in a substantial or material reduction in others’ water quantity, quality, or velocity

• Under both theories, natural uses (e.g. household use) prevail over artificial uses (e.g. for manufacturing or irrigation)

Question 12

Prior Appropriation Doctrine

Answer 12

Water rights are originally acquired by actual use

Priority of beneficial use determines rights to water

• E.g. first individual to make a beneficial use of water (i.e. productive use) has superior legal right to its use

Question 13

Groundwater

Answer 13

Water beneath the surface not confined to a known channel (e.g. water in wells or natural aquifers)

Different states use different approaches

Reasonable Use –> Eastern US

Prior –> Western

Question 14

Surface Water - Defition and General Rule

Answer 14

Water from rain, springs, or other runoff that has not yet reached a natural watercourse

Landowners can generally use surface water as they please, but may be liable for interrupting its flow in a way that impacts other owners

Question 15

Surface Water - Natural Flow Theory

Answer 15

Owners cannot unreasonably alter natural drainings

Question 16

Surface Water - Common Enemy Theory

Answer 16

Owners can do anything to change drainage or combat flow unless it causes unnecessary drainage to others’ land

Question 17

Surface Water - Reasonable Use Theory

Answer 17

Utility of use is balanced against the gravity of harm from that use