All flashcards
215 cards
162May a landowner waive or bargain away the right to subadjacent support?
163At common law, does a surface owner also own all minerals fixed in place beneath the surface?
164May a surface owner sell or otherwise convey the mineral estate separately from the surface estate?
165What are fugitive minerals?
166What is the ownership-in-place theory of fugitive minerals?
167What is the nonownership theory of fugitive minerals?
168Under either the ownership-in-place theory or the nonownership theory, does the surface owner have the right to extract fugitive minerals beneath the owner’s surface?
169Do states often limit a surface owner’s extraction from fugitive mineral deposits that underlie the land of multiple surface owners?
170In the law of real property, are water rights generally part of the surface estate?
171Can water rights be severed from the surface estate and conveyed separately?
172In the law of real property, what are watercourses?
173In the law of real property, what are percolating groundwaters?
174In the law of real property, what are diffused surface waters,?
175What are the three main categories of water in the law of real property?
176In the law of real property, what are riparian owners?
177What is the natural-flow doctrine as applied to watercourses?
178As applied to water rights, what are natural uses and artificial uses of water?
179Under the natural-flow doctrine, do natural uses have priority over artificial uses?
180Is the natural-flow doctrine a minority view of riparian water rights?
181What is the reasonable-use doctrine as applied to watercourses?
182Under the reasonable-use doctrine, do natural uses have priority over artificial uses?
183Under the reasonable-use doctrine, which legal rules are used to resolve disputes among competing natural uses?
184Is the reasonable-use doctrine the majority rule of riparian water rights?
185What is the prior-appropriation doctrine as applied to watercourses?
186To invoke the prior-appropriation doctrine, must a user of water also be a riparian owner?
187Do jurisdictions that apply the prior-appropriation doctrine sometimes protect later users by placing restrictions on water use?
188What are the three main legal theories of water rights as applied to watercourses?
189What is accretion?
190What is avulsion?
191What is erosion?
192If accretion causes soil to accumulate on the banks of a riparian owner’s property, do the accumulations become part of the owner’s property?
193If erosion causes the removal of a riparian owner’s soil, do the boundaries of the property remain where they were before the erosion?
194Does the avulsion of a watercourse change the boundaries of a riparian owner’s property?
195What are the general rights of a riparian owner as to the adjoining waters?
196What are navigable waters?
197If a riparian owner’s land adjoins navigable public waters, are the riparian owner’s water rights generally subject to the rights of the public to use those waters?
198What is the absolute-ownership doctrine as applied to percolating groundwaters?
199Do some jurisdictions modify the absolute-ownership doctrine by prohibiting wasteful or malicious use of percolating groundwaters?
200What is the reasonable use-doctrine as applied to percolating groundwaters?
201Under the reasonable-use doctrine, which legal rules are sometimes used to resolve disputes among competing users of percolating groundwaters?