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Real Property • Natural Rights
PROP#247
Legal Definition
The reasonable use theory balances the utility of the use against the severity of the harm.
Plain English Explanation
This theory is sort of a combination of the common enemy theory and natural flow theory. It requires you to argue both sides in order to determine if someone's actions are permissible or not.
Here’s how it works: A property owner can make changes to how surface water flows on their land, like building a drainage system or redirecting water for farming, as long as the benefits of those changes outweigh any negative impacts on neighboring properties. If the changes cause minimal harm and serve an important purpose, the modifications are likely to be allowed. However, if the harm to others is severe and the benefit isn’t that great, then the change could be considered unreasonable and not permitted.
Here’s how it works: A property owner can make changes to how surface water flows on their land, like building a drainage system or redirecting water for farming, as long as the benefits of those changes outweigh any negative impacts on neighboring properties. If the changes cause minimal harm and serve an important purpose, the modifications are likely to be allowed. However, if the harm to others is severe and the benefit isn’t that great, then the change could be considered unreasonable and not permitted.
Related Concepts
In assessing groundwater rights, what is the absolute ownership doctrine?
In assessing groundwater rights, what is the appropriative rights doctrine?
In assessing groundwater rights, what is the correlative rights doctrine?
In assessing groundwater rights, what is the reasonable use doctrine?
In assessing groundwater rights, what is the restatement approach?
In assessing rights of streams, rivers, and lakes, what is the prior appropriation doctrine?
In assessing rights related to groundwater, what are the 4 doctrines to consider?
In assessing the rights of surface water use, what is the common enemy theory?
In assessing the rights of surface water use, what is the natural flow theory?
In assessing water rights under the riparian doctrine, what is the natural flow theory?
In assessing water rights under the riparian doctrine, what is the reasonable use theory?
In assessing water rights under the riparian doctrine, which type of use prevails?
What are natural rights?
What is lateral support?
What is subjacent support?
What is the general rule for use of surface water on a property owner's land?
What is the riparian doctrine?
