Natural Rights Flashcards
What is a landowner’s right to lateral support?
If land is improved by buildings and an adjacent landowner’s excavation causes that improved land to cave in, the excavator will be liable only if negligent.
Strict liability does not attach to the excavator’s actions unless plaintiff shows that because of defendant’s actions, plaintiff’s improved land would have collapsed even in its natural state. In other words, for strict liability to apply, plaintiff must show that the improvements on his land did not contribute to his land’s collapse.
What is the riparian water rights doctrine?
The water belongs to those who own the land bordering the watercourse. These people are known as riparians, who share the right of reasonable use of the water. Thus, one riparian will be liable if his or her use unreasonably interferes with others use.
Natural uses (human uses e.g. consumption, gardening) prevail over artificial uses (e.g. irrigation, manufacturing).
What is the prior appropriation water rights doctrine?
The water belongs initially to the state, but the right to divert it and use it can be acquired by an individual, regardless of whether or not he happens to be a riparian owner.
Rights are determined by priority of beneficial use. The norm for allocation is first in time, first in right. Thus, a person can acquire the right to divert and use water from a watercourse merely by being the first to do so. Any productive or beneficial use of the water, including use for agriculture, is sufficient to create the appropriation right.
How is ownership of groundwater determined?
Groundwater, which is water beneath the surface of the earth that is not confined to a known channel, is considered the surface owner’s groundwater. The surface owner is entitled to make reasonable use of the groundwater. However, the use must NOT be wasteful.
How is ownership of surface waters determined?
Ownership of surface waters, which come from rain, springs or melting snow and which have not yet reached a natural watercourse or basin, follows the common enemy rule:
A landowner may change drainage or make any other changes/improvement on his land to combat the flow of surface water.
Many courts have modified the common enemy rule to prohibit unnecessary harm to other’s land.
