REAL PROPERTY RULES! Flashcards

Question

Tenancy by the Entirety

Answer 1

Only can exist between a validly married couple. Thus, upon divorce, ownership of any property held as tenants by the entirety is automatically converted to tenants in common. A marital estate akin to joint tenancy as it carries a right of survivorship. It can only be terminated by (1) death of one spouse, (2) divorce, (3) mutual agreement, OR (4) execution of joint creditor of both spouses. An individual spouse may not convey/encumber the property and a deed or mortgage by one spouse is ineffective.

Answer 2

A conveyance of real property to a married couple is presumed to vest title in them as tenants by the entirety even if the instrument does not identify them as being husband & wife. AUTOMATIC right of survivorship. Unless the conveyance clearly indicated that it vest title in some other way, it is presumed entirety. A conveyance by husband or wife to both of them creates entirety unless a contrary intention appears. It can only be terminated by (1) death of either spouse, (2) divorce, (3) mutual agreement, or (4) execution by a joint credit of both H and W. If conveyance to spouses & 3rd Party (to A, B, & C, but A & B are married, A & B will take 50% as tenants by the entirety, and C will take 50% as tenants in common, but their relationship with C is tenants in common. Individual spouse cannot convey or encumber entirety property; a deed or mortgage executed by one spouse is ineffective. Thus, both spouses must join together in order to convey property owned as entirety, & both must sign a mortgage or deed of trust, if not, it cannot be foreclosed on. However, IRS can attach to 1 spouse interest. There is a marital gift presumption with respect to certain property purchased with one spouses separate funds. Even if a spouse furnishes consideration for property from his separate property, the property will be presumed to be a gift to the marital estate if it is TITLED as tenancy by the entirety. Rebut by clear & cogent evidence.

Answer 3

A tenancy for years is fixed term tenancy. To be enforceable in NC, a lease agreement must meet the SOF writing requirement if it CAN EXCEED 3 years from the time of the tenancy’s execution. * L & T enter into an oral 36 month lease agreement on January 1, 2008. Under the lease’s terms, T is to take possession on February 1, 2008. o NOT VALID, b/c we start counting on January 1, 2008, which makes it 37 months.

Answer 4

A periodic tenancy is an ongoing, repetitive estate until terminated by proper notice of either party. Can be express or implied. Implied if (1) lease fails to specify a term, the interval is then covered by the rent payments, or (2) L accepts rent payment from a tenant who entered into possession under a fixed term lease that violates the SOF, the interval is based on the interval covered by rent payments, OR T holds over after expiration of a fixed term & L accepts rent payment. * If the term of expired lease was LESS THAN 1 YEAR, the tenancy based on rent payment of old lease. * If the term of expired lease was MORE THAN 1 YEAR, the tenancy is YEAR to YEAR regardless of the rental payments called for under the old lease. NOTICE TO TERMINATE: Unless lease provides otherwise, the notice to terminate a periodic tenancy can be done orally. The amount of time that notice is to be given under NC law is: * 1 MONTH – for a year to year tenancy * 1 WEEK – for a month to month tenancy * 2 DAYS – for a week to week tenancy

Answer 5

A tenancy at will is one that is terminable at the will of either party, and it will be implied to be a tenancy at will if the right is just with the landlord. However, a right just in favor of tenant implies life estate.

Answer 6

It may be terminated by either party’s notice with a reasonable time to leave premises. Also, it terminates upon (1) death, (2) waste by tenant, (3) attempted assign by tenant, (4) title transfer, (5) term lease to another.

Answer 7

Arises when tenant wrongfully holds over. Landlord can sue for ejectment, damages, or impose new month to month periodic tenancy. For commercial property, the new period is year/year if old period was 1 year or more; if old period was less than a year, then the new tenancy is measured by the rent payment period of old tenancy.

Answer 8

To determine, NC follows the traditional Bright Line Test. Regardless of what the transfer is labeled, the transaction is an ASSIGNMENT if it consists of tenant’s entire interest in the lease premises for the balance of the remaining term AND if the tenant did not reserve ANY type of reversionary interest including a right of reentry in case of default.

Answer 9

Tenant may assign/sublet without landlord’s consent if lease does not prohibit it. A provision that allows it only with consent is valid and landlord can refuse if it’s unreasonable. Lease provision restricting tenant’s right to assign/sublet is strictly construed; a provision that expressly prohibits assigning will NOT preclude subleasing and vice-versa.

Answer 10

In NC, lessor impliedly covenants that Tenant shall have actual, not just legal, possession at beginning of term.

Answer 11

Implied that no one will interfere with enjoyment and possession of the premises. Total eviction: lease ends. Partial eviction: NOT terminated & T can stay & pay NO rent. However, if evicted by someone with better title than L, T’s rent is apportioned to reflect amount. Constructive eviction: where L fails to provide a service which makes the premise uninhabitable: (1) Landlord, (2) substantially interferes w/ quiet enjoyment, & (3) tenant must move out within a reasonable time after breach.

Answer 12

Landlord warrants the premises is reasonably suited for human residence. Tenant can move out and end the lease OR can stay and sue for damages OR repair and offset the price against his rent payment.

Answer 13

Cannot self help which includes gun, changing locks, calling police, and cutting off utilities. No punitive damages allowed BUT the NC Supreme Court has permitted Unfair/deceptive action for egregious conduct.

Answer 14

Landlord must (1) comply with housing codes, (2) make repairs to keep habitable, (3) keep common areas safe, (4) promptly repair heat/air/plumb/electric, & (5) provide/install smoke detectors.

Answer 15

An easement creates a right to use land possessed by another; thus, it is a non-possessory interest in land. The easement holder has a right to use for special purpose, but no right to possess & enjoy. The owner of the land has right to full possession & enjoyment subject-to the limitation that he can’t interfere with holders special use.

Answer 16

An easement is non-possessory interest in land involving a right of use. The burdened property is the servient estate whereas the benefited property is the dominant estate.

Answer 17

An easement appurtenant is one that directly benefits the use and enjoyment of a specific piece of land.

Answer 18

An easement in gross occurs where there is no dominant estate (utility easement for power lines).

Answer 19

An express easement arises with an express grant of an easement to another OR the reservation of an easement when land is sold to another. Thus, an easement must comply with the SOF b/c it is an interest in land.

Answer 20

Must prove that use giving rise to claimed ease was (1) adverse or hostile, & (2) continued for 20 years. NC follows the minority view that use of another’s land is presumed to be permissive; thus, claimant must be able to rebut this presumption. Generally requires (1) testimony that he had no permission, AND (2) easement holder made some maintenance.

Answer 21

NC recognizes implied easements based on necessity & implied based on prior use (past common ownership). An implied easement exists if there is a previous use by a common owner, and the previous use is (1) continuous, (2) apparent, and (3) reasonably necessary; absolute necessity not required. An implied easement exists by necessity when property is landlocked, and owner cannot get on/off the property. The owner of the servient estate may choose the easement’s location, but it must be reasonable.

Answer 22

Dedication arises when the owner of land clearly indicates an intent to dedicate the property for some public use and the proper public authority indicates an acceptance of the offer.

Answer 23

When lots in a development are sold & conveyed by reference to a map or plat that depicts amenities such as streets, parks, marinas, etc., the purchasers of a lot acquires a right in the nature of an appurtenant easement in such areas on the basis that this right was an inducement to & part of consideration for the purchase. Thus, the developer is estopped from later attempting to develop such areas in a manner inconsistent w/ representations.

Answer 24

The benefit of an easement appurtenant goes automatically along with the dominant estate, whether or not it is mentioned in the conveyance, and cannot be transferred separately from the dominant estate. * A to B over A’s property, & easement was properly recorded. B sold to C, but did not mention easement in deed. (C can use it, it runs with land & never has to be mentioned in deed again). Transferring the BENEFIT of an Easement in Gross The benefit of an easement in gross can always be transferred so long as they are commercial, not personal. Transferring the BURDEN of an Easement Always binding on subsequent holders of servient estates, provided the subsequent holder had notice of it.

Answer 25

Where the terms of use are silent, it is presumed that the easement is (1) perpetual, and (2) that of reasonable development – the use that would have been reasonably contemplated by the parties when created.

Answer 26

Easements can only be used to benefit the dominant estate ONLY, not other property. Use to benefit other property is excessive use, and the remedy is to enjoin that use but not to terminate the easement.

Answer 27

The holder must keep the easement in repair and can always go on the servient estate to make necessary repairs of the easement even if grant does not expressly provide right to repair.

Answer 28

Whenever both dominant and servient estates come together in the same owner, easement is terminated forever.

Answer 29

An easement may be released by agreement of the dominant estate, but must be in writing to comply with SOF.

Answer 30

To abandon an easement, the intent must be manifested by some physical act on the property itself that shows the intent to abandon. Mere non-use, no matter how long it lasts, is NOT abandonment.

Answer 31

Must (1) a representation/relinquishment by dominant estate, & (2) change of position on reliance by servient.

Answer 32

To terminate by prescription, the servient estate owner must stop the easement use & keep it stopped for period.

Answer 33

Generally, once the necessity that created an easement by necessity ceases to exist, so does the easement.

Answer 34

A license is a limited privilege of use, NOT a property interest. It is only a contract right and is revocable at the will of the licensor. However, the licensor may have to pay contract damages for wrongful revocation.

Answer 35

A license become irrevocable if the licensee spent money on the property furthering the license. If an easement was intended, but fails due to the statute of frauds, a license is created. However, if money is spent on property in furtherance of that oral license, the license become irrevocable, and enjoys the same rights as if it were an easement (sometimes called a license by estoppel).

Answer 36

A profit gives the right to go onto land and take a natural resource away (timber, coal, oil, etc.). Thus, along with a profit, goes an implied easement to go onto the land to get the resource. All easement rules apply.

Answer 37

A restrictive covenant is one that gives the right to restrict someone else’s use of their land.

Answer 38

If plaintiff wants money damages, the restriction is called a covenant at law. If plaintiff wants an injunction to enforce the restriction, it is called an equitable servitude.

Answer 39

Acceptance of deed containing restrictive covenant is sufficient to bind grantee. However, if deed does not impose, grantor cannot unilaterally impose them after title has passed to grantee.

Answer 40

Generally, the intention of the parties govern; however, covenants restricting the use of property are narrowly construed, and when restriction is ambiguous, court will adopt the construction that is least restrictive. (Example: restriction limiting land for “dwelling purposes,” does not prohibit multi-family homes).

Answer 41

A purchaser for value is NOT bound by restrictive covenant UNLESS he had notice of it. One is deemed to have notice of everything affecting his title that could be discovered by a prudent title search.

Answer 42

When land cannot be used for the purpose to which it was restricted (e.g., residential purposes only) due to a defect unknown & not discoverable at the time of sale, the purchaser is entitled to rescission & restitution.

Answer 43

For a covenant to run with the land, there must be (1) intent that it run with the land, (2) notice to person against whom enforcement is sought, (3) that covenant touches and concerns the land, and (4) privity.

Answer 44

If the covenant makes the land more valuable and more useful, then it touches and concerns the land.

Answer 45

Horizontal privity always refers to the original parties to the covenant; there must be a conveyance of property between the original parties. * A and B agreed on covenant. B sold to C. NO horizontal privity. If there were, it is b/w A and B. Vertical privity refers to those who subsequently obtain the property SUBJECT TO the covenant (the successor of interest in land), and the original party from whom they received the property (whole estate) from. * A and B agreed on covenant. B sold to C. There is vertical privity between B and C. Privity for the BURDEN to Run Against Successor For the burden to run against a successor in interest, there must be both horizontal and vertical privity. * A and B agreed on covenant. B then sold to C. o CANNOT SUE FOR MONEY b/c no horizontal privity. Thus, A cannot sue C for damages. * A owned both lots, then sold to B putting restrictive covenant in deed. B sells to C. o A can sue for money damages b/c there is both horizontal and vertical privity. Privity for the BENEFIT to Run in Favor of Successor For the benefit to run in favor of a successor in interest, there need only be vertical privity. * A and B agreed on covenant that if B built a fence, A would maintain it. B builds fence and sells to C. o C can sue A for money damages because there is vertical privity.

Answer 46

Where a successor in interest is a defendant, then for plaintiff to get money damages, the burden must run with land and you need both vertical and horizontal privity. If the defendant is NOT a successor in interest, then for the benefit to run to a successor plaintiff, and let plaintiff get money damages, you need only vertical privity.

Answer 47

To enforce an equitable servitude, there must be (1) intent that the restriction be enforceable by successor’s in interest, (2) notice to subsequent purchaser, and (3) the restriction must touch and concern the land. No privity.

Answer 48

To enforce an equitable servitude in a subdivision, there must be (1) intent to create a servitude on all land in the subdivision, and (2) notice (actual, record, or inquiry). Intent can be found if it is in the common building plan, even if not in deeds of whom enforcement is sought. One has record notice where the restriction is in the direct chain of title. Inquiry notice means that one is held to know anything that a reasonable inquiry might have revealed.

Answer 49

Defenses include: * (1) unclean hands (he was doing it too), * (2) acquiescence (person let neighbor on the other side do the same thing), * (3) laches (A watched B build it, but do nothing until completed), and * (4) estoppel (A said I could put up the building).

Answer 50

Termination can be done by release, unity of ownership, or changed conditions. However, it is all or nothing; one cannot void a restriction b/c of changed conditions in the area unless all lots in subdivision are affected. * Residential subdivision was surrounded by industry. All houses are restricted to residential use only. The houses on border are so affect by pollution that they are unfit for residential use. o CANNOT void the residential use restrictions by virtue of changed conditions b/c not all housed were affected

Answer 51

In NC, to acquire title to land by adverse possession, the claimant must show (A ECHO) actual, open, exclusive, hostile, and continuous possession of the land claimed under known & visible lines and boundaries for 20 years (or 7 years with Color of Title).

Answer 52

Color of title is a deed, will, or other writing that fails to convey good title to some or all the land it describes. Examples: (1) grantor did not own the land purportedly conveyed, or (2) the granting instrument was defective.

Answer 53

State owned land can be adversely possessed (not RR’s) if held for 30 years, or 21 with color of title.

Answer 54

Disabilities include infancy, insanity, & incompetency. In NC, the existence of a disability does NOT toll the running of the SOL; however, if the owner was under a disability when the cause of action to eject the adverse possessor arose, the owner cannot be barred from bringing an ejectment action until at least 3 years after the disability has ended. * A entered into adverse possession of Green-acre under color of title 1997, when O, the owner, was 10 years old. o Since A had color of title, the period to hold land is 7 years (2004). However, owner’s disability did not end until 2005. Thus, A can adversely obtain it 3 years after disability ended (2008). Also, disability can be tacked with 1 person; if owner was under a disability when the COA to eject the adverse possessor arose & before the 1st one ended, the owner cannot be barred from ejecting until the next one ends.

Answer 55

In NC, hostility means possession of another’s land with the intent to claim title. Thus, hostility is satisfied not only when possessor knows the property belongs to another (trespasser), but also when it is based on the possessor’s mistaken good faith belief that he owns it.

Answer 56

Constructive possession is a legal fiction providing that if the claimant is in actual possession of at least part of the tract described in the Color of Title, he will be deemed to have possession of ALL of it as long as another is not in actual possession of it. Where 2 claimants have deeds that describe same land, the following rules apply: (1) if neither are in actual possession, it goes to person with better or senior title, (2) if one is in actual possession, it goes to him regardless of whether he has better title, (3) if both in actual possession, the party with weaker title gets the part he actually possessed, and the rest goes to the one with better title.

Answer 57

Since every cotenant has right to be in possession of the common property, his possession will not be adverse unless there is an Ouster. NC recognizes 2 types of Ousters: (1) actual ouster – a clear & unequivocal act that amounts to a denial of the rights of the other co-owners, OR (2) constructive ouster – where cotenant claims title by adverse possession, he must prove exclusive & continuous possession for 20 years, during which time the other co-owners claimed no rights in the property & the possession did nothing to acknowledge their title.

Answer 58

Eminent domain is the power vested in the state to take or damage private for a public purpose, and owner is entitle to just compensation. Can be delegated to corporations when needed to provide a public benefit. Whether it is a public purpose or benefit, is a question of Law for the judge; generally, the taking must be for a purpose that involves a public use or a benefit to the public interest. Just compensation is a question of Fact; either side may request jury trial on what constitutes just compensation.

Answer 59

Under NC’s SOF, all contracts to convey or devise an interest in land must be in writing & signed by the party against whom enforcement is sought. When SELLER seeks to enforce the agreement, the writing must contain (1) adequate description of property, (2) names of both parties, (3) signature of buyer, & (4) the purchase price. When BUYER seeks to enforce the agreement, the purchase price agreed upon by the parties may be established by clear and convincing Parol Evidence.

Answer 60

In NC, part performance cannot be used to get specific performance of a real estate contract that fails to satisfy the SOF. However, if seller refuses to perform, Buyer can recover, in restitution, the consideration already paid, & if the Buyer was permitted to enter the property & make improvements, the buyer may also recover for the cost of the improvements to the extent that they increased the value of the property.

Answer 61

NC has adopted the Uniform Vendor-Purchaser Risk Act which declares: unless the contract expressly provides otherwise, if ALL or PART of the property is destroyed without fault of purchaser, which occurs before possession or title has been transferred to purchaser, the vendor cannot enforce the contract, AND the purchaser is entitled to recover any portion of price already paid. NC rejections Doctrine of Equitable Conversion.

Answer 62

If seller dies before closing, then buyer closes with seller’s estate, and the estate’s interest is personal property. If buyer dies before closing, seller closes with buyer’s estate, and the estate’s interest is real property.

Answer 63

Every land sale contract has implied warranty that, at closing, seller will give buyer marketable title. To be marketable, it need not be perfect; it need only be one that a reasonable person would accept which requires that seller provide (1) proof of title, (2) title free of encumbrances unless mentioned, and (3) valid legal title on the day of closing. * A valid option to purchase of another is an encumbrance. * Violation of a zoning ordinance is an encumbrance. * Violation of housing or building code is NOT an encumbrance. * A mortgage is NOT so long as it will be satisfied from sale proceeds.

Answer 64

Applies to contracts that involve the sale/exchange of residential property which consists of 1 to 4 units. Owner must furnish purchaser with a disclosure statement which lists specified categories of adverse conditions. The owner may either (1) state its existence & state what he knows about it, (2) state he has no actual knowledge the adverse condition exists, OR (3) state that he makes no representations. If disclosure statement is delivered AFTER purchaser makes offer, the offer can be withdraw without penalty, by giving written notice to that effect no later than 3 days after receipt of disclosure statement.

Answer 65

Seller has a duty to disclose serious latent defects, and cannot actively conceal defects on the land.

Answer 66

At the time buyer takes title or possession, whichever 1st, the dwelling and its fixtures are free from structural defects & constructed in workmanlike manner. Applies only to (1) contract for the sale of a recently completed dwelling or one that is still under construction, (2) vendor is in business of building such dwellings, and (3) the vendee is the initial purchaser of the dwelling. The SOL is 10 years. The usual measure of damages for breach is the cost of repair; however, if the nature of defect is such that it cannot be remedied without having to destroy a substantial portion of the work already completed, the court may apply the diminiution in value measure.

Answer 67

To execute a deed, it must (1) be signed by seller, and (2) provide an identifiable description. A land description by metes and bounds always controls over an acreage or other description.

Answer 68

For a deed to be valid, (1) grantor must be competent, (2) there must be a grantee, (3) deed must adequately describe the location, and (4) the deed must be delivered.

Answer 69

Grantor must be competent when deed is executed. If he has been adjudicated incompetent, then the deed is void. If grantor incompetent, but not adjudicated, deed is voidable by grantor only. If grantor competent, but deed obtained by duress or undue influence, the deed is voidable. Grantor must sign deed; grantee typically does not. Acknowledgement or notarization is required for recording.

Answer 70

To be valid, a deed must designate as grantee an existing person or legal entity capable of holding title. A deed conveyed to a dead person is VOID. * O executes deed to B, but unbeknownst to O, B died 1 hour before O executed the Deed. o O owns the property, transfer is void since B died before execution. A deed conveyed to the “heirs of B” and B is still alive and has a child, the deed is good. Although at common law, the deed would have been void b/c it purports to convey title to the heirs of a person who is still alive, and an alive person cannot have heirs, by statute in NC, such a deed will be construed to be the children of such a person, unless contrary intent appears in the deed or will. An unborn child who is in gestation when instrument takes effect is considered to be in existence (280 days).

Answer 71

If deed in which parcel conveyed is being carved out of larger tract, deed must adequately describe the location of the dividing line between the part intended to be conveyed or retained & remainder of the original tract.

Answer 72

In NC, delivery does not occur unless & transmutation of possession; grantor must intend that the instrument pass title, & must actually part with physical possession and control of the deed for at least a moment of time. Presumption of delivery if found in possession of grantee; presumption non-delivery if in possession of grantor. Even if occurred after grantor’s death, recording of deed gives rise to presumption that delivery occurred. Delivery is effective if grantor gives deed to 3rd party for the grantee unless he expressly reserved right to take the deed back. A deed absolute on face may be subject to conditional delivery, even if condition is oral.

Answer 73

NC recognizes the normal ones: seisin, right to convey, encumbrances, warranty, quiet enjoyment. Action based on breach of Deed covenant have 10 year SOL. Present covenants begin at closing; future begin at occurrence.

Answer 74

A quit claim deed is one with no warranties; if grantor makes no promises, grantee gets quit claim deed.

Answer 75

The general warranty deed warrants title against all title defects. Three Present Express Warranties: * Covenant of Seisin: seller actually owns the estate he is conveying * Covenant against Encumbrances: no mortgages, liens, easements. * Covenant of Right to Convey: seller can validly convey Three Future Covenants (these run with the land): * Quiet Enjoyment: seller will protect buyer against anyone who claims title in future * General Warranty: seller will pay for title problems * Further Assurances: if seller forgot to do something, he will mop it up, whatever is necessary.

Answer 76

Damages are limited to purchase price received by warrantor plus incidental damages. * A sold land to B with general warranty deed for $5000. B later sold to C with no warranty for $10,000. Then C was ousted by the true owner D. o C can recover from A ONLY – not B b/c it was quit claim deed. C can recover from A b/c the future covenants run with the land, but she can only recover $5000 NOT the $10,000 she paid.

Answer 77

Applies where one deeds property to another that he does not own, and then later acquires the property, he will be estopped from asserting rights over the person he sold. If now-good title goes to a BFP, then no estoppel.

Answer 78

A deed to a dead person is invalid, although enforcement of the sale of contract can still be had by either seller or buyer’s estate, and a new deed is made to the buyer’s estate.

Answer 79

NC recording statute is a Race statute which provides (1) no conveyance of land, contract to covey, option to convey, or lease of land for more than 3 years shall be valid to pass any property interest against lien creditors or purchasers for valuable consideration from the donor unless first recorded. Thus, between grantor and grantee title is good when delivery occurs; however, until a deed is recorded, grantee’s title remains vulnerable to claims by lien creditors, purchasers for value, and mortgagees who record their instruments or docket their liens first. Special Rule for Deeds of Gift – Tested Twice Unless recorded within 2 years of when it is made (delivered), a deed of gift (not a grantee who is purchaser for value), automatically becomes ABSOLUTELY VOID even between the grantor and grantee.

Answer 80

A wild deed is a recorded deed that is not connected to the chain of title, and is not considered to be record notice because a BFP could not feasibly find it. * A sold to B, no recording. Then A sold to C, who recorded. Then, B recorded. Then D sold to E who had no actual notice of the first sale to B. o B’s recording occurred after the sale to C; thus, B recorded outside the chain of title.

Answer 81

An owner has a right of lateral support; a right to land supported by the adjoining landowners, and STRICT LIABILITY results if land is not supported. * A lives next to B. A, using all due care, excavated her land, and B’s land collapsed into excavation. o A is strictly liable to B o If barn collapsed into excavation, she will be liable ONLY if the land would have collapsed if the barn was not on it. IE: only if the weight of the improvements did not cause the land to collapse.

Answer 82

An owner has a right of support of the surface of land from the bottom. Failure to support land; mineral rights. * A owned land & sold oil rights to Exxon. Later A built a barn next to the house. Exxon, using all due care, but excavation of oil caused the surface to collapse in several places including the house & barn. o Exxon is strictly liable for the house but NOT for bar b/c it was built after giving mineral rights

Answer 83

Declares that navigable waters are held in trust for the public. Public uses include, navigation, swimming, hunting, fishing, & recreational activity. If natural body of water, it can be navigated by watercraft even if it has never been used for such purpose. Lands lying beneath waters are navigable in law & subject to public trust doctrine. As a result, the public retains the right to travel by watercraft w/o consent of riparian owners.

Answer 84

Under the Riparian doctrine, an owner can use lake/river for all the water needed for domestic purposes. If non-domestic, an owner is limited to reasonable use; he cannot impair the quantity or quality.

Answer 85

A landowner is entitled to reasonable use of ground water, but only for use on property; he can’t export it.

Answer 86

Under the natural flow approach, courts allow reasonable steps to deal with flood water; thus, drainage pipes or ditches to divert water is fine. Under the common enemy approach, the owner can do anything with floodwater, whether reasonable or not. * A digs a ditch to avoid floodwater but it heads right to B’s living room: OK under common enemy.