Vertical Dimension of Ownership Flashcards
Ad Coelum Et Ad Inferos - the rights of the surface owner extend upward to the heavens and downward to the center of the earth
When are flights over a private land a taking?
when they are so low and frequent as to be a direct and immediate interference with the enjoyment and use of the land
How do we measure the value of property?
By the owner’s loss, not the taker’s gain
Airspace Right Majority Rule:
how much airspace can a landowner own?
at least as much of the space above the ground as he can occupy or use in connection with the land
What Subsurface Rights do landowners have?
the title of an owner of the soil will not be extended to a depth below ground beyond which the owner may not reasonably make use thereof
Are there any limitations on subsurface rights?
They cannot exclude someone from using a subsurface so long as their use doesn’t interfere with the landowners foreseeable and reasonable use
What is lateral support doctrine?
It says that if you dig on your property or otherwise compromise the integrity of the subsurface, you have an obligation to continue to support your neighbors land so that it doesn’t sink or alter because of your digging. You cannot cause damage to another’s property as a result of your digging.
What liability does the lateral support doctrine hold violators to?
Strict liability
What does the subjacent support doctrine say? and what liability are violators held to?
if you dig underneath someone’s property, you must make sure that you don’t cause the property to collapse. Strict liability
What are the three surface water systems?
- Riparian System
- Prior Appropriation System
- Permit System
What is the Riparian System and who generally adopts this system?
Eastern states; assigns water rights to each landowner who property adjoins a watercourse.. Water must generally be put to a reasonable use so that is doesn’t interfere with the use of another owner.
What is the Prior Appropriation System ad who generally adopts this system?
Wester states; the location of the owner’s land is irrelevant; instead, water rights are allocated to the first person to divert water for beneficial use. no inappropriate or abusive uses.
What is the Permit System?
many states require a permit for the diversion of service water, so the government effectively regulates the amount of water that may be withdrawn
What is the groundwater reasonable use approach?
the dominant view is that a service owner may use groundwater only for reasonable use on the overlying land.
what are the correlative rights for groundwater?
the surface owner is entitled to proportional share of the groundwater beneath his land
