Natural Rights, Co-ops, Condos, and Zoning Flashcards
Right to lateral support
Landowner has right to have land supported in its natural state by adjoining land; right to have land undisturbed by withdrawal of support
Adjacent landowners are strictly liable for damages to land and buildings
Right to subjacent support
Whne landowner conveys to a grantee the right to take minerals from beneath the land, the grantor retains the right to have the surface supported unless conveyance expressly includes authority to destroy the surface if reasonably necessary to extract the mineral
Water Rights
Diff rules apply depending on whether the water rights claimed involve water in water courses, ground water, or surface water
Riparian Doctrine v. Prior Appropriation Doctrine
Riparian: Water doesn’t belong to the public generally or to the state but to the proprietors who own land bordering watercourse
Prior Appropriation Doctrine
Water belongs to state but right to divert and use it can be acquired by individual whether or not he is riparian owner;
Accretion v. Avulsion
Avulsion does not change ownership (sudden change in water course) but accretion does (slow imperceptible change)
Reasonable Use Doctrine
Allows surface owner to make reasonable use of groundwater
Cooperatives
Title to land / bldg is held by a corporation that leases the individual apartments to its SHs
Condominiums
Each owner owns the interior of her individual unit plus an undivided interest in the exterior and common elements
Zoning
State may enact statutes to reasonably control the use of land for the protection of the health, safety, morals, and welfare of its citiznes; based on state’s police power and is limited by DPC of 14A and EPC of 14A and takings clause of 5A
Cumulative Zoning
Hierarchy f uses of land (single family > strip mall > factor); land that is zoned for particular use may be used for the stated purpose or for any higher use
