Owner's Rights

Question 1

Types of owner’s rights (4)

Answer 1

1) Possession
2) Support Rights (lateral/subjacent)
3) Resource Rights (air, below ground, water)
4) Emblements

Question 2

Possession- gral

Answer 2

• Right to possess and exclude anyone else from trespassing

. - Protected by “eviction action” (i.e. vs building encroachment, physical invasion, adverse possession)

Question 3

Support Rights - Gral

Answer 3

• Duty of adjacent owners not to substantially diminish lateral-subjacent suport

Question 4

Support Rights - Types (2)

Answer 4

1) Lateral: not remove natural support. Owner has burden to prove neighbors excavation caused dx
2) Subjacent: removal of ground dirt for sub-surface rights - duty to avoid surface not fall into tunnel.

Question 5

Support Rights - Effects (DX)

Answer 5

• Land dx (of natural condition) are recoverable under SL
• Dx to building/improvements: not recoverable thro`ugh SL, but under tort, N.

Question 6

Resource Rights - Air rights

Answer 6

• Landowner owns soil and airspace above (to a reasonable degree)
• Access to above ground resources such as light/wind/view
• No possible implied easement, but OK if expressly agreed on and possible grounds for possible nuisance

Question 7

Resource Rights - Below ground resources

Answer 7

• oil, gas, mineral, timber

- Transferred w/property unless expressly agreed

• Holder of life estate has duty of waste for reversion/remainder

Question 8

Resource Rights - Water Rights

Answer 8

• Can be of 2 types:

1. Underground: reasonable use not affecting neighbor
2. Surface: riparian (reasonability + priority of certain uses) OR prior appropriation (permit system)

• Flood under “common enemy doctrine”
• Public rights as public uses to access and recreation

Question 9

Emblements - Types (2)

Answer 9

1) Fructus Naturales
2) Fructus Industriales

Question 10

Emblements - Fructus Naturales

Answer 10

• grow continuously w/o human intervention

- remains as part of real property until severed (transfer with, subject to mortgage)

• If separate conveyance - satisfy SOF
• i.e. trees, brushes, grass, shrubs

Question 11

Emblements - Fructus Industriales

Answer 11

• grow periodically bc of cultivation, planting, harvesting
• Treated as personal property

- Passes with land unless expressly excluded

• T entitled to crops during tenancy and from the following harvest