watercourse an external source of water, such as a river, stream, or lake

Chapter 3 Real Property Flashcards Uniform Commercial Code (UCC)was established to regulate sales of personal property and other business transactions. Each state has adopted its own slightly different version of the Uniform Commercial Code.easementthe right to use land for a specific and limited purpose Surface wateris water that collects on the surface of the ground, such as collected rainwater or melting snow.watercoursean external source of water, such as a river, stream, or lake Appurtenancesall those rights, privileges, and improvements that belong to and pass with the transfer of the property but are not necessarily a part of the actual property. An example is an easement.EmblementsAnnual crops cultivated by tenant farmers and sharecroppers Prior Appropriation DoctrineMany western states have adopted a prior appropriation doctrine that is similar to the prior appropriative system for watercourses. The right is limited to the amount that is put to a beneficial use.Lateral supportThe right to have adjacent property support the natural boundaries of the land.riparian propertyProperty that is next to a watercourse Fructus naturalesnaturally occurring plants, such as grasses, trees, and shrubs and are part of the real property. Therefore, when a home is sold, the planted trees and landscaping are real property and are included in the sale.right of waya legal right to pass over another person's land.Types of water rightsGround water, surface water, watercourse Name five rights that are appurtenances to real property.Typical appurtenances are property improvements-air rights, subsurface rights, support rights, rights-of-way, easements, and water rights.List three types of attachments that are permanently attached to the land.Attachments include natural attachments, improvements, and fixtures.Adaptation of the Articlethe item of personal property must be appropriated to the use or purpose of the real estate to which it is connected.Has the item been made especially for the property? For example, have the drapes been custom-made for the windows?Sharecroppersindividuals who agree with a landowner to grow crops on the land and at harvest time to share with the owner a portion of the harvested crop as payment of rent for the use of the land

Requirements for Prior AppropriationThe appropriator must intend to apply water to a beneficial use.The water must be diverted from a natural course.The water must be applied to a beneficial use.Tests to Determine Fixturesannexation, adaptation, and intention.Types of Support RightsLateral Support (on the sides)Subjacent Support (from underneath) Groundwaterthe water that is beneath Earth's surface reasonable use ruleThis rule (American rule) allows each property owner "reasonable use" of the groundwater beneath his or her property. Essentially, this means that the owner can use the water to whatever extent is reasonably necessary for the use and enjoyment of that property.reasonable use rulea compromise between the natural flow and common enemy rules. According to the reasonable use rule, floodwater may be diverted if the diversion is reasonable.Natural Flow RuleUnder this rule, landowners may not divert floodwaters onto other lands at all. Instead, each landowner must deal with the water that naturally enters his or her land to the best of his or her ability.Natural attachmentsgrowing plants attached by their roots, such as trees, shrubs, and flowers. The two types of natural attachments are fructus naturales and fructus industriales.Air rightsthe rights an owner of real property has to the air space above the property to a reasonable height. As real property, air rights can be sold, leased, or encumbered separately from the land.Trade fixturesPersonal property used in a business and can be removed by the lessee when the lease terminates.Subsurface rightsthe rights to the natural resources, such as minerals, oil, and gas, below the surface. The rights to the minerals, oil, and gas can be sold or leased separately.Annexationthe item of personal property must actually be annexed to the real estate or something appurtenant to the real estate.The next criterion to consider is whether a piece of property is attached.common enemy ruleThis rule is based on the theory that the harmful water is the "common enemy" of everyone. Therefore, anyone may take any steps necessary to keep the floodwaters off his or her property, even if that means diverting the water onto someone else' s property.Correlative Rights Doctrinedetermines rights in groundwater based on ownership of land and distributes water on an equitable basis among the landowners riparian doctrine(typically followed in the water-abundant eastern states) provides that all properties on the banks of a water source

have equal rights to use and enjoyment of that water.

beneficial use of waterany use recognized by the state as being an appropriate use of water. Once the water is put to a beneficial use, it has priority over later appropriators, even if a better use of the water fixture"personal property that is attached to land or a building and that is regarded as an irremovable part of the real property, such as a fireplace built into a home." Intention of the PartiesWhen the two parties to a contract agree, it overrules all other criteria for determining if property is real or personal property.Wind RightsA deed could treat wind rights like oil and gas conveying or reserving rights in wind apart from other elements of land ownership.Currently, the law is silent on whether the right to develop (or not develop) the wind that flows across property may be severed from the surface estate water rightsThe right of a landowner to water adjoining or passing through property.Groundwater: Rule of CaptureUnder this rule, landowners have the right to "capture" all the water from under their property and could monopolize the entire aquifer without incurring liability.most states have rejected this doctrine