Rights Incidental to Ownership of Land (Natural Rights) Flashcards
Natural rights
An owner of real property has the exclusive right to use and possess the surface, airspace, and the soil of the property
Support of land in natural state
Natural states means:
-Pristine
-Unadorned
-Not encumbered by landscaping or structures
A landowner is strictly liable if their excavation causes adjacent land to slip or cove in
Support of land with building
If land is improved by buildings and the adjacent landowner’s excavation causes the improved land to cave in, the excavator will only be liable if negligent
Watercourses (streams, rivers, and lakes)
Riparian doctrine: the water belongs to landowners bordering the watercourse
-Riparian owners can use water only in connection with the riparian parcel
-Reasonable use theory: all riparians shares the right of “reasonable use” of the water
Prior appropriation doctrine: the water belongs to the state
-Right to use or divert water can be acquired through actual use
-First in time, first in right
Groundwater (percolating water)
Reasonable use doctrine: surface owner can make reasonable use of ground water
-Exporting only allowed if it does not harm other owners who have rights in the same aquifer
Surface waters
Water without a channel that passes over land, such as water coming from rain, springs, or melting snow, which has not yet reached a natural watercourse or basin
Common enemy theory: an owner can take any protective measure to get rid of the water or combat its flow
Rights in airspace
The right to airspace above a parcel is not exclusive, but the owner is entitled to freedom from excessive noise
Right to exclude
Possessor of real property has the right to exclude others. Remedies include:
-Trespass
-Private nuisance
-Continuing trespass
-Ejectment/unlawful detainer action to remove trespasser + demand monetary damages
