Rights Incidental to Ownership of Land

Question 1

Right to have land in natural state means:

Answer 1

Unadorned, pristine

Question 2

Natural state: If landowner causes neighbor’s land to no longer be pristine (i.e. soil caves in from excavation), they are subject to ____.

Answer 2

Strict liability

Question 3

Improved land (BUILDINGS): If landowner causes neighbor’s land to no longer be pristine (i.e. soil caves in from excavation), they are subject to ____.

Answer 3

A negligence standard

Question 4

Riparian owners are those who _____.

These owners share the right of ____.

Answer 4

Own land bordering the watercourse. These owners own the water adjacent to them.

Reasonable use

Question 5

Doctrine other than Riparian = _____. This is where the water is owned originally by the ____ but the right to divert and use it can be acquired by an individual through ___.

Answer 5

Prior appropriation doctrine.

State

Actual use

Question 6

Surface owner can make _____ of groundwater.

Answer 6

Reasonable use

Question 7

Surface water = follow the _____ rule, meaning the landowner may ____.

Answer 7

Common enemy

Take any protective measures to get rid of water or combat its flow, unless it damages others’ land.

Question 8

Trespass is a land invasion by ______.

Answer 8

Tangible physical object

Question 9

Intangible invasion of land is called ____.

Answer 9

Private nuisance

Question 10

Action to remove a trespasser or tenant:

Answer 10

Ejectment/unlawful detainer