Question 1

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

Accepted Answer

In aviation law, a landowner seeking to recover damages from the operator of an aircraft for overflight does not necessarily need to prove trespass in the traditional sense, as modern aviation law recognizes the public right of transit through airspace. Instead, the landowner may need to prove that the overflight was so low and frequent that it constituted a direct and substantial interference with the use and enjoyment of their land, which could be considered a nuisance or under specific aviation regulations, rather than a trespass.

Question 2

Non-navigable waters:&#10;A)are controlled by their riparian owners.&#10;B)are controlled by state governments.&#10;C)are controlled by the federal government.&#10;D)are not controlled by anyone, but are open to the general use of the public.

Accepted Answer

Non-navigable waters are generally controlled by their riparian owners, who own the land adjacent to the water body. Riparian owners have certain rights to use the water for domestic, agricultural, and other purposes, but the public does not have a right to use the water for navigation or other activities. State and federal governments may have some authority to regulate certain aspects of water use, but the primary control over non-navigable waters rests with the riparian owners.

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.

Accepted Answer

A unitization or pooling plan is required in various states such as Texas, Oklahoma, and Louisiana to ensure that the reservoir is efficiently and effectively managed while also reducing production costs. This plan involves combining leasehold interests within a reservoir to form a single unit so that the reservoir can be developed and managed as a whole, rather than by individual leasehold owners. This approach helps to avoid unnecessary drilling and can prevent overproduction, which can harm the geological integrity of the reservoir.

Question 4

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

Accepted Answer

A riparian owner has legal rights and responsibilities to the watercourse or stream that their land is adjacent to.

Question 5

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

Accepted Answer

According to the common law doctrine of lateral and subjacent support, if a landowner's land is excavated and as a result, the support to the neighboring landowner's land is reduced, the neighboring landowner may have a right to support from the excavating landowner. However, the extent of this right depends on the factors such as the nature of the land, the nature of the excavation, and local laws and regulations. Therefore, the statement is true.

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.

Accepted Answer

Tunneling beneath someone else's property without permission can still be considered trespassing, as property rights often extend below the surface to a reasonable depth.

Question 7

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

Accepted Answer

The owner of real estate can legally separate the different rights associated with the property and sell them to individual buyers. This is called a severance of rights. It allows the owner to retain certain rights while transferring others to new owners.

Question 8

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

Accepted Answer

This is known as the navigability doctrine and is recognized in most states in the United States. The state's claim to ownership of the riverbed includes the right to control and regulate its use for commerce, fishing, and other purposes.

Question 9

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

Accepted Answer

This statement is true. Some state courts have held that water must be navigable in fact (i.e. capable of being navigated) to be considered navigable waters, while others have taken a broader approach and considered water bodies navigable if they are capable of being used for commerce, even if they are not currently navigable.

Question 10

A landowner's &#34;bonus&#34; in an oil and gas lease is determined by his percentage share of the production.

Accepted Answer

A landowner's "bonus" in an oil and gas lease typically refers to the upfront payment made by the lessee (often an oil company) to the landowner for the rights to explore and possibly produce oil or gas on their land. It is not determined by the landowner's share of the production, which is usually referred to as royalty.

Question 11

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

Accepted Answer

The answer of Navigable airspace is defined in the same...

Question 12

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

Accepted Answer

The answer of Under the prior appropriation theory, the first...

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.

Accepted Answer

The answer of A and B own adjacent lots.Under the...

Question 14

The shore along oceanfront property is owned by the states.

Accepted Answer

The answer of The shore along oceanfront property is owned...

Question 15

Under a typical oil and gas lease:&#10;A)the lessee conducts and pays for exploration and production.&#10;B)the lessor receives a bonus for signing the lease.&#10;C)the lessor receives a delay rental on the first year anniversary of the lease signing if there has been no production.&#10;D)the lessor receives royalties which represents a share of production.&#10;E)all of these.

Accepted Answer

The answer of Under a typical oil and gas lease:&#10;A)the...

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.

Accepted Answer

The answer of Evans' tree hangs over Leppold's land.This would...

Question 17

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

Accepted Answer

The answer of Groundwater is water that flows across the...

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.

Accepted Answer

The answer of Goodman and Davis live in an area...

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.

Accepted Answer

The answer of A navigable (in the legal sense)river runs...

Question 20

The following theories may be successfully asserted by a landowner who suffers damages as a result of aircraft flying over his land:&#10;A)Trespass.&#10;B)Nuisance.&#10;C)Reasonable Use.&#10;D)Common Enemy.&#10;E)Two of the above.(a and b)

Accepted Answer

The answer of The following theories may be successfully asserted...

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.

Accepted Answer

The answer of Mike begins an excavation on his land...

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:&#10;A)Natural Flow.&#10;B)Common Enemy&#10;C)Prior Appropriation.&#10;D)Civil Law.&#10;E)Reasonable Use.

Accepted Answer

The answer of Under the following theory, a landowner is...

Deck 3: The Scope of Real Property