Deck 3: The Scope of Real Property

Question 1

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

Answer 1

False

Question 2

Non-navigable waters:

A)are controlled by their riparian owners.
B)are controlled by state governments.
C)are controlled by the federal government.
D)are not controlled by anyone, but are open to the general use of the public.

Answer 2

A

Question 3

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.

Answer 3

True

Question 4

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

Question 5

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

Question 6

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

Question 7

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

Question 8

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

Question 9

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

Question 10

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

Question 11

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

Question 12

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

Question 13

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.

Question 14

The shore along oceanfront property is owned by the states.

Question 15

Under a typical oil and gas lease:

A)the lessee conducts and pays for exploration and production.
B)the lessor receives a bonus for signing the lease.
C)the lessor receives a delay rental on the first year anniversary of the lease signing if there has been no production.
D)the lessor receives royalties which represents a share of production.
E)all of these.

Question 16

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 17

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

Question 18

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 19

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 20

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 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.

Question 22

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.