Real Estate Law: Ch. 5 Flashcards

Real Estate Law: Ch. 5 Flashcards

takings clausea clause found in the Fifth Amendment to the US Const., and practically every state constitution, that allows the taking of private property for public use, but only on the condition that the govt pay just compensation to the property owner encroachment...surface watersbodies of water found on the surface of the earth, such as rivers, streams, lakes, and oceans riparian rightsthe rights of landowners whose properties abut rivers or streams to the use of the water underground streamswaters that flow through subterranean water channels ancient lights...prior appropriation...trespass to landthe intentional tort by which one enters, or causes an object to enter, the land of another. This included refusing to leave another's real property after being ordered to do so.AREAthis acronym may help you remember the four natural ways

by which the land and boundaries may be changed:

accretion, reliction, erosion, and avulsion littoral rightsthe rights of landowners whose properties abut a lake, ocean, or sea nuisance per accidens...accretionthe slow accumulation of sand or soil through the action of water, thereby increasing the size of the property percolating groundwaterswater this is dispersed through an underground soil layer or layers, but do not flow through an existing water channel air rights...relictionthe increase in land area due to the gradual subsidence or receding of a river or lake navigable waterwaysbodies of water that are capable of accommodating vessels used to transport commercial goods. These are regulated by federal maritime laws erosion...public trust doctrinethe doctrine that holds that land beneath navigable waterways-- for example, river beds, lake beds or sea beds-- are owned by the state in trust for its citizens, even though the waterway and vessels using it are governed by federal regulations subterranean watersalso known as groundwaters, are water sources that exist

under the surface of the earth. There are two basic types:

underground streams and percolating groundwaters.

private nuisance...airspacethe space above a parcel of real property that may be used by commercial aircraft. It must be above a minimum of safe altitude, or else air traffic may constitute a nuisance nuisance per sea nuisance in and of itself, at all times, under all circumstances, and regardless of the surrounding land uses. A nuisance per se always involves a violation of a statute or ordinance subjacent support...public nuisance...Air Commerce Act of 1926act of Congress which opened the skies for airplane traffic lateral support...reasonable use...spite fencea fence erected solely to injure an adjoining landowner by shutting out or diminishing the landowner's light, air, or view coming to the nuisance...avulsionthe sudden removal of land caused by a change in a river's course or by flood