Support Rights and Water Rights

Question 1

Support Rights

Answer 1

An owner of the RP has the exclusive right to use and possess the surface, airspace, and soil of the property.

Question 2

Lateral Support (Subsiding of a Neighbor’s Land)

Answer 2

• An owner of land has no liability if a subsiding of neighboring land is caused by natural conditions on the owner’s land.
• However, a landowner may be strictly liable if his excavation causes adjacent land to subside.
• If the adjacent land is improved then the adjacent land owners will have to prove negligence.

Question 3

Subjacent Support

Answer 3

• The right of support extends to land that is severed from buildings that are later erected on top of it (buildings that are owned by other individuals).
• The underground landowner is liable for damages to subsequently erected buildings if he is negligent.

Question 4

Riparian Rights (Water Rights)

Answer 4

Are rights in water enjoyed by an owner of land that is next to a navigable natural river, stream, or lake. Includes:

• The natural flow doctrine
• The reasonable use doctrine
• The prior appropriation doctrine

Question 5

Riparian Rights: Natural Flow Doctrine

Answer 5

When a landowner may make limited use of riparian water for domestic or natural uses (e.g. drinking and bathing) but may only use riparian water for artificial uses (e.g. irrigation) if the use does not substantially diminish the flow of the body of water.

Question 6

Riparian Rights: Reasonable Use Doctrine

Answer 6

A riparian owner may make reasonable use of riparian water so long as his use does not interfere unreasonably with the rights of other riparian owners.

Question 7

Riparian Rights: Prior Appropriation Doctrine

Answer 7

Awards the right to use water to the first person to take the water for beneficial purposes.

Question 8

Diffuse Surface Water

Answer 8

Water from rain or melted snow that runs over the surface of land outside of a recognizable body of water. Several rules have been adopted for such water including:

• common enemy rule
• civil law rule
• reasonable use rule

Question 9

Diffuse Surface Water: Common Enemy Rule

Answer 9

An owner may use any method available to keep diffuse surface water from coming onto his land.

Question 10

Diffuse Surface Water: Civil Law Rule

Answer 10

An owner was not permitted to interfere with the flow of diffuse surface water.

Question 11

Diffuse Surface Water: Reasonable Use Rule

Answer 11

An owner may use reasonable means to alter the flow of diffuse surface water, even if surrounding landowners were harmed.

Question 12

Underground Water

Answer 12

Water that runs beneath the surface of the land. The use of underground streams are subject to the same rules applied to riparian waters.

Question 13

Percolating Underground Water

Answer 13

Water percolates through the subsurface of the land. Rules include:

• The rule of capture
• Reasonable use test
• Correlative rights test
• Prior appropriation test

Question 14

Percolating Water: Rule of Capture

Answer 14

Where a possessor of land may take as much of the water percolating under his land as he desires.

Question 15

Percolating Water: Reasonable Use Test

Answer 15

Where a land possessor may make reasonable use of percolating water so long as it does not interfere with other individuals’ rights to such water.

Question 16

Percolating Water: Correlative Rights Test

Answer 16

All owners of land situated over a pool of underground water have equal rights to use the water.

Question 17

Percolating Water Prior Appropriation Rights

Answer 17

Awards the water to the first person to take the water for beneficial purposes.