Explore the legal terms and concepts related to Natural Rights. Click on any term below to learn more about its definition and applications.
What are natural rights?
An owner of real property generally has the exclusive right to use and possess the surface, airspace...
In assessing water rights under the riparian doctrine, which type of use prevails?
Natural uses prevail over artificial uses.
In assessing groundwater rights, what is the appropriative rights doctrine?
Priority of use is determines ownership, not ownership of overlying land. Many western states follow...
In assessing groundwater rights, what is the correlative rights doctrine?
Overlying landowners have correlative rights to use a reasonable amount of the underground water, wi...
In assessing groundwater rights, what is the reasonable use doctrine?
An owner of overlying land can take groundwater for reasonable use for almost any purpose—exporting...
In assessing rights related to groundwater, what are the 4 doctrines to consider?
The 4 doctrines that govern groundwater rights are: 1. Absolute Ownership Doctrine 2. Reasonable Us...
In assessing rights of streams, rivers, and lakes, what is the prior appropriation doctrine?
Individuals acquire rights by actual use, and rights are determined by priority of beneficial use. F...
In assessing water rights under the riparian doctrine, what is the reasonable use theory?
All riparian owners share the right of reasonable use, meaning a use is enjoinable only if it substa...
In assessing water rights under the riparian doctrine, what is the natural flow theory?
A riparian owner's use is enjoinable if it results in substantial or material decline of the water's...
What is the riparian doctrine?
The Riparian Doctrine states that water is owned by those who own land bordering the watercourse. Th...
What is lateral support?
An owner has a right to have their land supported in its natural state by adjoining land. Thus, a la...
In assessing the rights of surface water use, what is the reasonable use theory?
The reasonable use theory balances the utility of the use against the severity of the harm.
In assessing the rights of surface water use, what is the common enemy theory?
An owner can take protective measures to get rid of water (like build a dike), but they may not do u...
In assessing the rights of surface water use, what is the natural flow theory?
Owners cannot alter natural drainage patterns, but most states now allow reasonable changes.
What is the general rule for use of surface water on a property owner's land?
Generally, a landowner can use surface water within the boundaries of their property for any purpose...
In assessing groundwater rights, what is the restatement approach?
A surface owner may pump the groundwater unless it (1) unreasonably harms neighboring landowners, (2...
In assessing groundwater rights, what is the absolute ownership doctrine?
An owner of overlying land can take all the water they want for any purpose. Only a few states follo...
What is subjacent support?
Underground occupants of land are obligated to support the surface and any buildings that exist on i...
