Level 1: Land Rights Flashcards
Surface Rights
the rights to access the surface area of a parcel of real property
Subsurface Rights
rights to all that is found beneath the surface of the tract of land owned, extending downward to the center of the earth
Subsurface Rights: Priority
the holder of subsurface rights has priority and may legally enter the property to extract the minerals they have rights to, but they must take care to not materially disturb the surface
Minerals as Property
the process of being extracted from the land, they move, categorically, from real property to personal property
Mineral Rights: Rule of Capture
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
Supporting Rights: Lateral Support
provided by adjacent properties
Supporting Rights: Subjacent Support
comes from the underlying earth
Air Rights
the right to use the air space above the surface of land
Air Space
area above ground that is owned along with a property
Air Sub Surface Rights Visual Aid
Water Rights: Prior Appropriation
the right of a property owner on a waterfront to access and use that water
Doctrine of Prior Appropriation
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
Water Rights: Common Law
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
Riparian Rights
govern the use of flowing water, such as rivers and streams that pass through or border a property
Littoral Rights
govern lakefront or oceanfront property and usually allow the property owner to use the water bordering their property
Water Rights Visual Aid
Percolating Water Rights
the use and ownership of underground water. Real property owners have a right to access that water by installing wells for their own use
Perc Test
determines if the land absorbs water quickly or slowly
Water Table
the depth at which percolating water sits
Appurtenances
rights that run with real property ownership, most often transferred with the property, but possible to sell separately
