Deck 3: The Scope of Real Property

Question 1

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

Answer 1

True

Question 2

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

Answer 2

True

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:
(a)Natural Flow.
(b)Common Enemy
(c)Prior Appropriation.
(d)Civil Law.
(e)Reasonable Use.

Answer 3

B

Question 4

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

Question 5

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

Question 6

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

Question 7

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

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.

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:
(a)Ned and Pete.
(b)New York and Pennsylvania.
(c)New York.
(d)Pennsylvania.
(e)The United States.

Question 10

A landowner seeking to recover damages from the operator of aircraft must at least prove 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:
(a)Barney, Fred and Wilma.
(b)Barney and Wilma.
(c)Wilma and Fred.
(d)None of the above.
23 According to the Supreme Court's opinion in United States v.Causby:
A()the U.S.has exclusive national sovereignty in the airspace over the country.
B()a landowner owns only that airspace in which he has a physical presence, such as a building.
C()Flights over a landowner's airspace are a "taking" no matter what the plane's altitude is.
D()the common law rule that ownership over airspace should extend to the periphery of the universe, was upheld as the appropriate rule of law.

Question 12

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

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:
(a.)ad coelum rights.
(b)ad inferos rights.
(c.)transferable development rights.
(d.)air capture rights.

Question 14

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

Question 15

The shore along oceanfront property is 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)

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.

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.

Question 19

The following theories may be successfully asserted by a landowner who suffers damages as a result of aircraft flying over his land:
(a)Trespass.
(b)Nuisance.
(c)Reasonable Use.
(d)Common Enemy.
(e)Two of the above.(a and b)

Question 20

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

Question 21

Mike begins an excavation on his land to construct a new building.The excavation causes a subsidence in neighboring lands and buildings owned by Molly, although Molly's land in its natural state would not have subsided.Assuming Mike was not negligent and there is no applicable state statute:
(a)Molly may recover damages for her land and buildings.
(b)Molly may recover damages for her land alone.
(c)Molly may recover damages for her buildings alone.
(d)Molly may not recover damages.