Property Ownership, Transfer of Title & Land Use 1.1 Flashcards
What is a is Appurtenance?
An appurtenance is a right or privilege associated with a property, although not necessarily a part of it. The right is appurtenant to the land which means if the land is sold, the rights go with the land.
Examples of Appurtenances
Water rights
Air rights
Surface and subsurface rights
Mineral rights
What are Surface Rights?
Are the rights to do whatever is legally permissible on the surface of the earth.
These rights may be sold or leased to others.
Example of Surface Rights
The right to build a structure upon the land or to plant and harvest a crop.
What are Sub-Surface Rights?
The rights to minerals and other substances under the earth’s surface.
Such rights may be sold or leased to others in the same ways as surface rights and independent of surface ownership.
What are Air Rights?
Solar or sun rights have become an ownership issue in recent years primarily because of solar energy applications that require direct access to sunlight.
May also be sold or leased independent of surface ownership.
What are Water Rights?
Are rights held by owners of land adjacent to rivers, lake, or oceans.
The Doctrine of Prior Appropriation does what?
The Doctrine of Prior Appropriation allocates the use of water.
Essentially the right to use any water is controlled by the state.
Riparian Rights are?
Riparian rights are granted to owners of land along a river, stream, or similar body of water.
Non-Navigable Rivers:
means a commercial boat cannot maneuver; the landowners own the land to the center of the river/stream.
Navigable rivers:
means the waterway is considered a public way and the landowners only own up to the average high-water mark and then the river and the land underneath is considered a public right of way.
What are Littoral Rights?
Littoral rights cover the rights of owners whose land borders larger bodies of water such as lakes, bays, the sea, or ocean.
Adjacent landowners own up to the high-water mark and the government owns the land below that point.
Accretion is?
the addition of land from natural forces;
Example: an earthquake.
What is Alluvium?
Alluvium is the gradual addition of soil from deposits by water’s action.
What is Erosion?
The loss of soil by natural forces gradually wearing away at the land.
