Natural Rights

Question 1

What rights does an owner of land have to the use of his land?

Answer 1

An owner of real property has the exclusive right to use and possess the surface, airspace, and soil of his property.

Question 2

Lateral Support

Answer 2

ownership of land includes the right to have the land supported in its natural state by adjoining land.

Question 3

A landowner is _______________ if his excavation causes adjacent land to subside.

Answer 3

strictly liable

Question 4

What duty does a subjacent occupant of land owe?

Answer 4

To support the surface and buildings existing on the date the subjacent estate was created?

Question 5

What are the two dominant systems for determining allocation of water in watercourses?

Answer 5

Riparianism and Doctrine of Prior Appropriation.

Question 6

Riparian Doctrine

Answer 6

the water belongs to whoever’s land borders the watercourse.

Question 7

Prior Appropriation Doctrine

Answer 7

individuals acquire rights to use water by actual use.

Question 8

Avulsion

Answer 8

a sudden loss or addition to land, which results from the action of water.

Question 9

Accretion

Answer 9

a gradual loss or addition to land resulting from the action of water.

Question 10

What purposes can a landowner use surface water on her property?

Answer 10

any purpose she desires.