Term
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Definition
| An owner of real property has the exclusive right to use and possess the surface, airspace, and soil of his property |
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Term
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Definition
ownership of lands includes the right to have land supported in its natural state by adjoining lands
Adjacent land subsides = strict liability |
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Term
| Support of land and buildings |
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Definition
Strict liability for damage to land and buildings caused by excavation only if it is shown that the land would have collapsed in natural state
Fall back is negligence
Subjacent support (mines) = negligence |
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Term
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Definition
Applies to streams, rivers, and lakes
Two major systems for determining allocation of water in watercourses:
Riparian doctrine and prior appropriation doctrine |
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Term
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Definition
belongs to those who own the land bordering the water course. Riparian owners can only use re: bordering parcels.
Natural uses prevail over artificial |
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Term
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Definition
| A riparian owner's use resulting in substantial or material diminution of water's quantity, quality, or velocity, is enjoinable |
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Term
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Definition
All riparians share the right of reasonable use of water.
Six factors:
alteration of flow
purpose of use
pollution
extent of use
destination of water taken
miscellaneous conduct |
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Term
| Prior appropriation doctrine |
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Definition
Individuals acquire rights by actual use. Appropriative rights are determined by priority of beneficial use.
Can be lost by abandonment |
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Term
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Definition
Four doctrines:
A. Absolute ownership
B. Reasonable use
C. Correlative Rights (owners are joint tenants)
D. Appropriative rights doctrine |
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Term
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Definition
Can use within her boundaries for any purpose she desires.
Natural flow theory: owners cannot alter / make unreasonable alterations to natural drainage.
Common enemy theory: an owner can take any protective measures to get rid of water. (perhaps, cant damage neighbors)
Reasonable use theory |
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Term
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Definition
Remedies:
1. Trespass
2. Nuisance
3. Continuing trespass
4. Ejectment |
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