Misc Flashcards

1
Q

Landowner’s right to have land supported in its natural state by adjoining land

A

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)

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2
Q

Natural Flow Theory

A

Landowner cannto alter rate or manner of natural flow of surface waters where such actions would injure others above and below

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3
Q

Riparian doctrine

A

owners of land boardering watercourses have riparian rights to water nd rights depend on theory followed by juris (natural flow or reas use)

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4
Q

Prior appropriation doctrine

A

landowners may acquire right to divert and use water even though their property might not about to a watercourse

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5
Q

Common enemy theory

A

surface water is common enemy and any owner can change its course to get rid of it

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