Rights Incidental to Ownership of Land (Natrual Rights) Flashcards
Lateral Support
Ownership of land includes the right tohave the land supported in its natrual state by adjoining land (owners)
Natrual State
Unadorned, pristine, not encumbered or weighted down by other buildings, landscaping, etc.
If landowner excavates causes adjactent landowners land to cave in:
IF LAND IN NATRUAL STATE: Strict liability on excavator
IF LAND HAS BEEN IMPROVED (building, landscaping, etc.): liability if negligent excavator.
—NOTE: liable for negligence OR by showing it would have been damaged even if the improvmenet wasn’t there (causing strict liability)
Three types of water rights
1) Watercourses (streams, rivers, lakes)
2) groundwater
3) surface water
Watercourse Doctrines
1) Riparian Doctrine
2) Prior Application Doctrine
Riparian doctrine
Re: watercourses
Water belongs to those who own land bordering watercours. Called repirian owners.
Riparians share right of REASONABLE USE of the water (in majority of states).
Prior Appropriation Doctrine
Re: watercourses
Water belongs to state initially, but right to divert/use it can be acquired through ACTUAL USE, irrespective of if she is a riparian owner.
Actual Use = “Priority of beneficial use” = being amongst the first to do so. First in time, first in right.
Ground water/Percolating water
Surface owner can make reasonable use of ground water
Surface waters
Waters that pass across land b/c heavy rain, snow, springs. Hasn’t yet reached natrual watercourse/basin.
Majority of states: Common enemy rule
Owner can take any protective measures to get rid of surface water/combat its flow. But must not unreasonably harm or interfere with others use and enjoyment of their own parcels.
Right to exclude and remedies
Right to be free of trespass/nusiance.
Trespass remedy (tangible physical invasion): ejectment action
Private nuisance (odors, noises)
Continuing trespass (repeated): ejectment/unlawful detainer
