Bundle of Rights

Encumbrance

A liability, right, or interest in a property that doesn't always prevent the transfer of title, but could affect the value of the property. EX: A property tax lien, an easement that allows a dorminant property behind a servient property to have street access , or even the rules of a subdivision CC&Rs.

Appurtenances

A right or interest that benefits the owner that belongs to or runs with the land (unless otherwise agreed). A parcel of real property may include any one or all the following: "Air rights, Water rights, Solid mineral rights, oil and gas rights, support rights." EX: A landowner can transfer all of the above with the sale of the land OR choose to retain or separately sell certain appurtenances rights. EX: Owner sells but retains oil and gas rights.

Riparian Rights

Arising from a stream or river landowners can only use if the property [that is owned] abuts the water.

Appropriation Rights

H20 rights in the American West. Uneven rainfall amounts. These rights do not depend on land ownership. Based on a permit system - meaning that the right to water is determined by the date of first use and not by location of the property with respect to the waterway. Must apply for a permit from the state gmvt. If not used, can be lost.

Water Rights in California

Over the years has developed a complex body of law that regulates water use. Basis of the system of prior appropriation. The oldest right older is services first and so on down the line until the water has been used. NOTE* Recognizes a limited form of Riparian Rights.

Upstream Owners

Prohibited from substantially diminishing the quality, quantity, or velocity of the water in the stream system. Others must rely on groundwater supplied from a well.

Littoral Rights

Same Riparian Rights - with seas and lakes. Same conceptt

Air Rights

The Air Commerce Act of 1926 and the Civil Aeronautics Act of 1938 gave the federal government complete control over the nation's airspace. Landowner cannot do anything to interfere with normal air traffic. NOTE* Local Jurisdiction can impose laws controlling building height.

Navigable stream

The gvmt owns the land under the water. The riparian landowner owns the land to the mean high mark of the stream bed.

Bundle of rights

The right of possession, enjoyment, to control use, exclude other from the property and the right to transfer ownership. (You have the privilege to encumber, cultivate , lease, gift, will, dedicate, share, trade, exchange or do nothing at all with the land)

Not a navigable stream

The riparian owner owns the land under the water to its midpoint.

The Doctrine of Riparian Rights

This is the predominant Law in the states east of the Mississippi River. ONLY owners of the land abutting the water source have a right to use for domestic uses: Drinking, bathing, and watering gardens and lawns.

Water Rights

Very complex area of the law. In the arid southwest, water rights are most important and a basic understanding of the major H20 rights concepts is essential for Real Estate Licensee

Ground Water Rights

Water beneath the surface that runs in recognizable underground stream or collects in porous ground layers. (Also called aquifers) Landowners can make reasonable use it, but cannot transport it for use on land outside the basin from which it was removed. Prior appropriation cannot be used.