Ownership Rights

Navigable Waters

Are identified by government survey maps. These waters are used for commercial ships and are classified as rivers and oceans. When a riparian owner's property borders a non-navigable waterway their portion of ownership extends to the center of the water. If the waterway is navigable then their portion of ownership extends to the high water mark. If an owner is a littoral owner then their ownership stops at the high tide or watermark. They have the same non-exclusive rights as riparian owners to use adjacent waters.

Riparian Rights vs. Littoral Rights

Properties that border a river or stream are governed by riparian rights. The owner of these rights can use the water for things such as swimming or fishing. Water may even be diverted for irrigation so long as the natural flow is not altered. Riparian rights are not exclusive because bordering properties have the same rights and access to the water. The rights of bodies of water that are classified as oceans, lakes and seas are governed by littoral rights. The land owner would have the right to use the water, however he/she cannot interfere with the public's use. Littoral rights usually involve the use of the shore such as a beach.

Water Rights

Property owners are granted the use of water that is adjacent to their land for domestic, agricultural or manufacturing purposes. A land beneath the flowing water of adjoining non navigable waterways such as rivers or streams, can be owned by a landowner. Landowners however, are prohibited from diverting water from its normal course, or interfering with the enjoyment of other adjacent landowners.

Real Property Ownership Rights

Real property is not sold or leased alone. There are other rights of ownership that real property carry. These rights of ownership are air, mineral, and water rights. These can be sold or leased apart from one another. The owner has the right to sell the land to one buyer, lease the mineral rights to another buyer, and keep the air rights for himself.

Mineral Rights

The owner of the land has rights below the surface of the land as well. The right to things such as coal, oil, gas, and ores are called mineral rights. Mineral rights too can be sold or leased separately. The exception to this rule is that the purchaser has to have a means of extraction or the right would be worthless. That being said, the individual acquiring the mineral rights has an implied right to access and extract the minerals. Now digging for minerals can have an effect on the adjoining properties. Thankfully adjoining owners are protected by the right of lateral support. This law prohibits the extractor from damaging the natural contour of the adjoining properties. This law also applies to a land owner who is making improvements to his own property. The law of capture allows a well drilled on one property to extract oil and gas from adjoining properties. Minerals affected by this law include oil and gas because solid minerals, coal and ores, can usually be removed without altering the adjacent properties. Equal right to drill under the law of capture is given to all land owners.

Air Rights

The right that extends into space above the land into infinity is called air rights. Air rights can be sold and leased separately from the land itself. This right is becoming more important due to the scarcity and high cost of land. Microwave antennas and condominium ownership involve air rights. Each owner owns a block of air that he or she can sell or lease. This is known as an air lot. Although air space is rightfully owned by an individual it is subject to government control. These controls are federal and state regulations and they allow airplanes to use navigable airspace. The government also handles height restrictions, such as the air right restriction placed on the World Congress Center in Atlanta.

Correlative Rights

have an effect in some states. This right is used when there is a short supply, allowing each owner a reasonable share of water. During scarcity, when the right to use water must be secured by a permit then the doctrine prior appropriation takes place. Earlier permits establish a priority of use. In prior appropriation rights run with the land.

Percolating Water

is underground water that is not confirmed to a specific waterway. The right to tap percolating water varies across states. That right may either be unrestricted or must be shared with neighboring owners. A percolation test is used to determine how quickly water is absorbed by the ground. This allows us to evaluate the feasibility of installing a septic system. Thewater table is the level at where percolating water was found. If the water is pure enough to drink it is called potable water.