Natural Rights - Property

Right of Lateral Support

Right to have land supported in its natural state by adjoining land.

Support of Land liability

Landowners are strictly liable if excavation causes adjacent land to subside.

Support of Land with Buildings liability

Excavators are liable only if negligent, unless P shows that P's land would've collapsed even in its natural state.

Right to subjacent support

Underground occupants of land must support the surface and buildings existing on the date the subjacent estate was created.

Riparian Doctrine

Water belongs to those who own the land bordering the watercourse. Owners can only use water in connection with the riparian parcel.

Natural Flow Theory

Riparian owner's use is enjoinable if it results in substantial diminution of water quantity, quality, or velocity.

Reasonable Use Theory

All riparians share right of reasonable use of water, where a court must balance the utility of the owner's use against the gravity of the harm.

Prior Appropriation Doctrine

Water belongs to the state, but right to divert and use it can be acquired by individuals through actual use, regardless of whether they are riparian owners.

Absolute Ownership Doctrine

Owner of overlying land can take all the groundwater they wish, including for export.

Reasonable Use Doctrine

Owner of overlying land can export groundwater only if it does not harm other owners who have the same rights in the same aquifer

Correlative Rights Doctrine

Owners of overlying land own groundwater as joint tenants.

Appropriative Rights Doctrine

Priority of use is determinative for groundwater

Restatement Approach, Groundwater

Surface owners may pump groundwater unless:
1. Unreasonably harms neighbors
2. exceeds pumper's reasonable share
3. directly and substantially affects surface waters

Natural Flow Theory, Surface Waters

Owners cannot alter the natural drainage patterns of surface waters.

Common Enemy Theory

Ownres can take any protective measures to get rid of surface water or combat its flow.

Reasonable Use Theory, Surface Water

Balance utility of the use against gravity of the harm.

Right of Airspace

Owner is entitled to freedom from excessive noise, but it is not exclusive

Rights of exclusion

Possessors of real property have right to exclude others

Remedy for invasion

1. Action for Trespass
2. Action for private nuisance
3. Action for continuing trespass
4. Ejectment or unlawful retainer