Misc. Rights Flashcards
Water Rights are determined by two main doctrines:
1) The Riparian Doctrine
2) The Prior Appropriation Doctrine
The Riparian Doctrine holds that
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.
The Prior Appropriation Doctrine holds that
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)
Groundwater may be used by the surface owner so long as
the use is reasonable and not wasteful.
Surface Water is governed by the common enemy rule, which holds:
surface water is a nemesis, an evil to be eradicated.
Possessor’s Rights:
The possesor of land has the right to be free from 1) Trespass and 2) Nuisance
Trespass is
Invasion of land by tangible physical objects. Removal accomplished by ejectment action.
Private Nuisance is
substantial and unreasonable interference with another’s use and enjoyment of land.
The difference between Trespass and Nuisance:
Unlike trespass, nuisance does NOT require tangible physical invasion. Thus, nuisance covers odors, noise, etc.
Eminent Domain is
the Government’s 5th Amendment power to take private property for public use in exchange for just compensation.