Other Land Use Issues Flashcards
License
License is the mere right to use the licensor’s land for some specific purpose, and it is revocable at the will of the licensor.
- Difference from easement: A license may be freely revoked.
- Oral agreements produce a license, not an easement. However, it is possible the oral license created an easement by estoppel with detrimental reliance.
Drainage of surface waters
a. Using surface water: An owner may use all he wants.
b. Getting rid of surface water has three different approaches:
1. Common enemy: Owner may cast water onto neighbor’s land.
2. Civil law rule: Owner has strict liability for interfering with natural flow.
3. Reasonable use doctrine allows owner to act reasonably.
Riparian rights
Riparian rights (waterfront streams and lakes that abut property)
a. Common law: Each riparian owner may use only as much water as he may put to beneficial use.
b. Prior appropriation doctrine: Used by some states, including California. An owner (need not be riparian) must obtain a permit to use the water, and priority of use is determined by permit date.
Ground water
An owner may make reasonable use of ground water drawn from his property.
Right to lateral and subjacent support
Every landowner has a right to receive necessary physical support from adjacent soil (lateral support) and underlying soil (subjacent support).
Lateral support
The right to lateral support (adjacent property) is absolute. An adjacent property owner using due care will still be liable.
Subjacent support
Subjacent support arises when something is removed from below the surface of the land. The owner of the surface land has a right to not have the surface subside.
Profit
Profit (profit a prendre) entitles its holder to the right to enter the servient estate land and remove soil or a product of the land itself. A profit is similar to an easement (e.g., mining minerals, drilling for oil, removing timber, hunting, or fishing).
