Misc

Question 1

Fixtures

Answer 1

Intent governs (degree of attachment, harm to remove, custom, trade = removable)

Trespasser (adv poss pre period) loses but may get value added if affixed in good faith

Question 2

Lateral Support

Answer 2

SL: own imp’s didn’t contribute
Neg: own imp’s did cont

Question 3

Subjacent Support

Answer 3

Right w/r/t land and all improvements thereon at time mineral rights severed

Question 4

Zoning

Answer 4

Cum vs Non-Cum

Building Permit Cond’s: unconst exactment if not reas related (nature and scope) to development impact

Question 5

Water - Stream/River/Lake

Answer 5

Riparian Rights (right to reasonable use, liable for unreasonable use, natural > artificial)

Prior Appropriation (right to 1st to divert for any beneficial use)

Question 6

Water - groundwater

Answer 6

Right to reasonable use

Liable for waste

Question 7

Water - surfacewater

Answer 7

Common Enemy (can alter land to combat flow)

Mod: prohibit harm to other’s land

Question 8

Water - border changes

Answer 8

Slow Accretion = boundary changes

Sudden Change = no boundary change