Misc. Rights Flashcards

1
Q

Water Rights are determined by two main doctrines:

A

1) The Riparian Doctrine

2) The Prior Appropriation Doctrine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

The Riparian Doctrine holds that

A

the water belongs to those who own the land bordering the water course. These owners are known as Riparians, and share the right of REASONABLE use of the water.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

The Prior Appropriation Doctrine holds that

A

Water initially belongs to the state, but the right to divert/use it can be acquired by an individual, regardless of not being a riparian owner (meaning they may get rights even if they are not directly on the water)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Groundwater may be used by the surface owner so long as

A

the use is reasonable and not wasteful.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Surface Water is governed by the common enemy rule, which holds:

A

surface water is a nemesis, an evil to be eradicated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Possessor’s Rights:

A

The possesor of land has the right to be free from 1) Trespass and 2) Nuisance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Trespass is

A

Invasion of land by tangible physical objects. Removal accomplished by ejectment action.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Private Nuisance is

A

substantial and unreasonable interference with another’s use and enjoyment of land.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

The difference between Trespass and Nuisance:

A

Unlike trespass, nuisance does NOT require tangible physical invasion. Thus, nuisance covers odors, noise, etc.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Eminent Domain is

A

the Government’s 5th Amendment power to take private property for public use in exchange for just compensation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly