Rights Incidental to Land Ownership

Question 1

generally, what are the exclusive rights of an owner of real property?

Answer 1

to use and possess the surface, the airspace, and the soil of the property

Question 2

what is the right to lateral support?

Answer 2

the right to have the land supported in its natural state by adjoining land
(land must be unadorned and pristine – not encumbered by buildings or other structures)

Question 3

what is an excavator-landowner’s liability for their excavation which causes adjacent land to slip/cave in?

Answer 3

STRICTLY liable

Question 4

what is an excavator-landowner’s liability for causing adjacent IMPROVED land to cave in?

Answer 4

liable only if NEGLIGENT

Question 5

what is the riparian doctrine?

Answer 5

water belongs to those who own the land bordering the watercourse

Question 6

when will riparian rights attach to all contiguous tracts of land held by same owner?

Answer 6

when at least one of the tracts abuts the water

Question 7

how can riparian owners use the water?

Answer 7

can use only in connection with the riparian parcel

Question 8

what is the reasonable use theory? (related to riparian rights)

Answer 8

(maj. view)
all riparians share the right of reasonable use of the water (ie– one owner’s use is not enjoinable unless is substantially interferes with the use of other riparian owners)

Question 9

how is reasonable use determined? (riparian rights)

Answer 9

courts balance the utility of the owner’s use against the gravity of the harm

Question 10

what is the prior appropriation doctrine?

Answer 10

water initially belongs to the state, but the right to divert it and use it can be acquired by an individual thru their actual use (regardless of whether they’re a riparian owner)

Question 11

how are appropriative rights determined? (prior appropriation doctrine)

Answer 11

by priority of beneficial use (first in time, first in right so long as the use is productive/beneficial)

Question 12

what is the reasonable use doctrine? (groundwater)

Answer 12

surface owner can make reasonable use of ground water

Question 13

what is groundwater?

Answer 13

water beneath the surface that isn’t confined to a known channel

Question 14

what is surface water?

Answer 14

water without a channel that passes over land (ie – water from rain, spring, melting snow)

Question 15

how can a landowner use surface water?

Answer 15

for any purpose so long as the water being used is within their property boundaries

Question 16

what is the common enemy theory? (surface water)

Answer 16

an owner can take any protective measures to get rid of water or combat its flow, but CANNOT cause unnecessary damage to others’ land