Misc Flashcards
Landowner’s right to have land supported in its natural state by adjoining land
If land has buildings on it, excavating neighbor is liable for damage to buildings caused by excavation if: (1) excavating landowner negligent, or (2) excavation would have caused land to subside even in its natural state (e.g. w/out buildings)
Natural Flow Theory
Landowner cannto alter rate or manner of natural flow of surface waters where such actions would injure others above and below
Riparian doctrine
owners of land boardering watercourses have riparian rights to water nd rights depend on theory followed by juris (natural flow or reas use)
Prior appropriation doctrine
landowners may acquire right to divert and use water even though their property might not about to a watercourse
Common enemy theory
surface water is common enemy and any owner can change its course to get rid of it