Rights Incidental To Ownership of Land Flashcards
Lateral Support
Subjacent Support
Doctrines for Watercourses (Streams, Lakes, and Rivers)
Two Doctrines:
- Riparian Doctrine
- Prior Appropriation Doctrine.
Groundwater (perolating water)
Four Doctrines:
- Absolute Ownership (only a few states): Owner of overlying land can take all the water for any purpose.
- Reasonable Use: Similar to absolute ownership but exporting is not allowed if it harms others who have rights to the same aquifer.
- Correlative Rights: Overlying owner own under water basin as Joint Tenants and allowed reasonable use.
- Appropriative Rights: Priority of use, not landownership, is determinative.
Surface Waters
Natural Flow Theory: Owners can alter the natural drainage patterns (this has been softened to allow reasonable changes).
Common Enemy: Owner can take any protective measures to get rid of water. Rule has been modified by many courts to prohibit unecessary damage to property of others.
Riparian Doctrine
Rule: The water belongs to those who own the land bordering the watercourse. Riparian rights attach to all contiguous tracts held by the same owner as long as one abuts the water. Riparian owners can only use the water in connection with the riparian parcel.
- Natural Flow Theory: An owner’s use resulting in substantial and material diminution of the water’s quantity, quality, or velocity is enjoinable.
- Reasonable Use Theory: All riparians share the right of “reasonable use” of the water, determined by balancing owner’s use with the gravity of the harm.
- Natural vs. Artificial Use: Under this theory, natural uses (human uses - consumption, gardening) prevail over artificial ones (irrigation, manufacturing).
Prior Appropriation Doctrine
Rule: Individuals acquire rights by actual use. Appropiative rights are determined by the priority of beneficial use. If there is a decrease in flow, priority is accorded in terms of time of appropriation. Right can be lost by abandonement.
