Question 1

Under the prior appropriation theory, the first person to appropriate water for a beneficial use has priority over later users.

Accepted Answer

This is the fundamental principle of prior appropriation doctrine or theory, which is followed in many western U.S. states for water allocation and use.

Question 2

The owner of real estate may sell her air rights to one person and her mineral rights to another person.

Accepted Answer

It is possible for the owner of real estate to sell different rights to different people. The air rights refer to the right to use the space above the property, while mineral rights refer to the ownership of subsurface minerals. These rights can be sold separately from the land itself.

Question 3

Under the following theory, a landowner is free to interfere with the natural flow of surface water that runs apart from its watercourse:

Accepted Answer

The "Common Enemy" theory allows landowners to alter the flow of surface water (such as rainwater or melted snow) on their property to protect their land, viewing water as a common enemy that can be fought off by any means necessary.

Question 4

State courts are not all in agreement over whether water must be navigable in fact to be considered navigable waters.

Accepted Answer

Some state courts have interpreted "navigable waters" more broadly to include non-navigable waterways that still have a significant connection to interstate commerce, while others have required actual navigability for the waterway to be considered "navigable waters" under the law.

Question 5

A landowner's "bonus" in an oil and gas lease is determined by his percentage share of the production.

Accepted Answer

A landowner's "bonus" in an oil and gas lease typically refers to the upfront payment made by the lessee (often an oil company) to the landowner for the rights to explore and possibly produce oil or gas on their land. It is not determined by the landowner's share of the production, which is usually referred to as royalty.

Question 6

A riparian owner owns land adjacent to a water course or stream.

Accepted Answer

Riparian owners own land that is next to a water course or stream, and have certain rights and responsibilities regarding their use and protection of the water.

Question 7

A landowner's right to support from a neighbor depends on the nature of the land and the nature of the excavation.

Accepted Answer

A landowner's right to support from a neighbor can vary depending on factors such as the type of land (e.g. rock vs. soil) and the type of excavation (e.g. shallow vs. deep). Generally, if a neighboring excavation causes damage or instability to the landowner's property, they may have a legal right to support from the neighbor.

Question 8

It is not a trespass to tunnel beneath your neighbor's property so long as you begin your tunnel on your own property.

Accepted Answer

Tunneling beneath someone else's property without permission can still be considered trespassing, as property rights often extend below the surface to a reasonable depth.

Question 9

A navigable (in the legal sense)river runs along the boundary between New York and Pennsylvania.Ned owns a farm along the New York side of the river Pete owns a farm in Pennsylvania across the river from Ned's farm.Who owns the riverbed, or at least part thereof, between the farms:

Accepted Answer

In the United States, when a navigable river serves as a boundary between states, the ownership of the riverbed is typically divided along the geographical middle of the river between the two states. Therefore, both New York and Pennsylvania would own parts of the riverbed between Ned's and Pete's farms.

Question 10

A landowner seeking to recover damages from the operator of aircraft must at least prove trespass.

Accepted Answer

In aviation law, a landowner seeking to recover damages from the operator of an aircraft for overflight does not necessarily need to prove trespass in the traditional sense, as modern aviation law recognizes the public right of transit through airspace. Instead, the landowner may need to prove that the overflight was so low and frequent that it constituted a direct and substantial interference with the use and enjoyment of their land, which could be considered a nuisance or under specific aviation regulations, rather than a trespass.

Question 11

Barney purchased 40 acres of land from Fred.Unknown to both parties, under the surface of the land was a rich vein of gold ore that extended beneath neighboring land owned by Wilma.The gold ore is owned at least in part by:

Accepted Answer

A landowner typically owns the minerals beneath their land, so Barney and Wilma would own the gold ore beneath their respective properties.  A  The U.S. has exclusive national sovereignty in the airspace over the country, as established in United States v. Causby.

Question 12

Navigable airspace is defined in the same manner as navigable water.

Accepted Answer

Navigable airspace is defined based on its availability for aircraft to navigate through it, typically regulated by aviation authorities, whereas navigable waters are defined based on their suitability for commercial navigation by watercraft. The criteria and considerations for what makes airspace or water navigable are different due to the distinct nature of air and water travel.

Question 13

Goodman and Davis live in an area of New York City in which there is a 20-story limit on buildings.Goodman owns a 12-story building.Davis wishes to build a 26-story building.Goodman wants to sell Davis a portion of his unused air rights.The air rights being sold in this scenario are called:

Accepted Answer

Transferable development rights (TDRs) are a way for property owners to sell unused development rights to developers who wish to build larger buildings than zoning regulations allow. In this case, Goodman is selling Davis a portion of his unused air rights, which fall under the category of TDRs. Ad coelum rights and ad inferos rights refer to ownership of air space above and below ground level, respectively, and do not apply in this scenario. Air capture rights are a type of environmental right related to reducing greenhouse gas emissions and do not apply in this scenario.

Question 14

If a river is navigable, the majority rule is that the state owns the riverbed.

Accepted Answer

This is known as the navigability doctrine, which holds that the state owns the riverbed of navigable waters. This doctrine is based on the idea that navigable waters are considered public highways and therefore owned by the state for the benefit of its citizens.

Question 15

The shore along oceanfront property is owned by the states.

Accepted Answer

In the United States, oceanfront property typically includes only up to the high tide mark, while the area from the high tide mark to the water belongs to the state. This means that the shore along oceanfront property is indeed owned by the states.

Question 16

A and B own adjacent lots.Under the civil law theory of surface water that is not in its natural watercourse, A is allowed to dam water and protect his own property even if it floods B's property.
(Answers in boldface are correct)

Accepted Answer

The answer of A and B own adjacent lots.Under the...

Question 17

A unitization or pooling plan for an entire reservoir of oil is required under various state laws in order to preserve the geological integrity of the reservoir and reduce production costs.

Accepted Answer

This statement is true. Unitization or pooling plans are required in many states to prevent waste and ensure efficient production of oil or gas from a reservoir. It involves coordinating the activities of various owners and operators within the reservoir to maximize recovery while minimizing costs.

Question 18

Evans' tree hangs over Leppold's land.This would not be considered an invasion of Leppold's air space since a tree, unlike an aircraft, is natural.

Accepted Answer

The overhanging branches of Evans' tree into Leppold's airspace can be considered an encroachment or invasion of Leppold's property rights, as property owners have rights to the air space above their land to a reasonable height.

Question 19

The following theories may be successfully asserted by a landowner who suffers damages as a result of aircraft flying over his land:

Accepted Answer

Trespass and Nuisance are the two theories that can be successfully asserted by a landowner who suffers damages due to aircraft flying over their land. Trespass can be claimed if the aircraft enters the airspace immediately above the land without permission, and Nuisance can be claimed if the flights cause unreasonable interference with the use and enjoyment of the land.

Question 20

Groundwater is water that flows across the ground outside of a riverbed.

Accepted Answer

Groundwater is water that is found beneath the Earth's surface in cracks and spaces in soil, sand, and rock formations. It does not flow across the ground outside of a riverbed.

Quiz 3: The Scope of Real Property