Property

Question 1

water rights

Answer 1

A person’s water rights do not exceed the amount reasonably needed for one’s own personal use. Because of the many disputes over the use of water, the law is very clear about the rights of owners. Water cannot be owned, nor can it be channeled or dammed for the benefit of one landowner to the detriment of other property owners. Under the Doctrine of Correlative User, an owner may take only a reasonable share of underground waters (not to exclude adjoining owners).

Question 2

riparian rights

Answer 2

The owner of property bordering a stream or river has

Question 3

littoral owners

Answer 3

Owners of land bordering a lake (littoral owners) generally own to the average low water mark or the edge of the lake. The boundary line of land touching the ocean is the ordinary high tide mark.

Question 4

Appropriation

Answer 4

the right to use water for a beneficial use by diverting surface water. Typically, beneficial uses include domestic, municipal, agricultural, mining, stock watering, recreation, wildlife, or power generation.

Question 5

fixture

Answer 5

real property that used to be personal property. It has become a fixture because it is permanently attached to real property. Any growing thing attached by roots, such as trees, shrubs and flowers are real property except emblements.

The five tests to determine a fixture are method of attachment, adaptation, relationship of the parties, intent of the parties, and agreement of the parties. MARIA

Question 6

Trade fixtures

Answer 6

items of personal property, such as shelves, cash registers, room partitions, or wall mirrors, used to conduct a business. Tenants retain ownership of the items as personal property when they vacate the premises, but are responsible for repairing any damage that results from replacing the trade fixtures.

Question 7

Growing Things

Answer 7

Real property includes anything growing attached by its roots, such as trees, shrubs, and flowers. When a home is sold, the planted trees and landscaping are real property and go with the sale. Naturally occurring plant growth (such as grasses) are called fructus naturales.

Question 8

Emblements

Answer 8

crops produced by human labor such as lettuce, grapes, fruits, nuts, wheat, corn, cotton, etc. Emblements are personal property, owned by tenants, as well as fee owners. Remember, the crops are the personal property, not the trees or plants on which they grow.

Question 9

appurtenance

Answer 9

anything used with the land for its benefit. Easements and stock rights in a mutual water company are the two most common appurtenances to real property.

Question 10

easement

Answer 10

right-of-way across a parcel of land, and is transferred automatically with the property whenever it is sold. The easement is appurtenant to the property.