Property Law Flashcards: Ratione Soli & Keeble

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the rule established in Keeble v. Hickeringill?

A party may not maliciously interfere with the legal use of the land of another.

What does Ratione Soli mean?

'by reason of the soil'

What are fugitive resources?

Resources that run wild like game or liquids.

What does 'stock' refer to in water rights?

The finite total amount of water. Signup and view all the answers

What do 'flows' refer to in water rights?

The direction and rate of water's movement. Signup and view all the answers

What are riparian rights?

An owner's rights in land that borders on or includes a stream, river, or lake. Signup and view all the answers

What principle is applied in Coffin v. Left Hand Ditch Co. regarding water rights?

Colorado uses priority water rights. Signup and view all the answers

What does Tyler v. Wilkinson clarify about riparian rights?

Every streamside owner has the right to reasonable use of the water that passes over their land. Signup and view all the answers

What are percolating waters?

Underground water not confined to a specific waterway, channel, or stream. Signup and view all the answers

What does the term 'littoral' refer to?

Lakeside or seaside. Signup and view all the answers

What is the Riparian Flood Doctrine?

All landowners have the right to protect their property even to the detriment of neighbors. Signup and view all the answers

What is the process of accretion?

Gradual build-up of new land deposited by a river. Signup and view all the answers

What does reliction refer to?

Gradual recession of water which uncovers land that usually belongs to the riparian owner. Signup and view all the answers

What is erosion?

Loss of land. Signup and view all the answers

What is avulsion?

Mass movement of a river, land rights don't change. Signup and view all the answers

What are fugacious resources?

Resources that move like water and oil. Signup and view all the answers

What is the rule regarding oil ownership?

No one owns the oil until they 'capture' it. Signup and view all the answers

What does the term 'Tragedy of the Commons' refer to?

A situation in which people acting individually use up commonly available but limited resources. Signup and view all the answers

Study Notes

Legal Cases and Principles

Keeble v. Hickeringill: Established that malicious interference with another's use of land or livelihood is prohibited; competition is allowed, but intimidation tactics are not permitted.
Coffin v. Left Hand Ditch Co.: In Colorado, priority water rights favor the first appropriator for beneficial use, especially in arid regions; this right may be overridden by state statute.
Tyler v. Wilkinson: Defined riparian rights as affording streamside owners reasonable use of water extending halfway into the waterway.

Property Concepts

Ratione Soli: Principle meaning "by reason of the soil," giving landowners claim to wild animals found on their property; in Roman law, a trespasser can claim animals but must compensate the landowner.
Fugitive Resources: These are resources such as game and unconfined liquids (e.g., gas, water) that can move and are not fixed to one location.

Water Rights

Stock: Refers to the limited total amount of water available for use.
Flows: Encompasses the direction and rate of water movement.
Riparian Rights: Rights of landowners whose properties border a body of water; includes equal rights to reasonable water use without harming others. Exclusive rights can be established through 20 years of uninterrupted use or consent.

Water Management Principles

Percolating Water: Refers to underground water that is not contained to a specific channel or stream.
Littoral: Relates to rights of landowners adjacent to lakes or seas.
Riparian Flood Doctrine: Asserts that landowners can defend their property against rainwater, even if it affects neighboring properties.

Changes in Land and Water

Accretion: The process by which new land is gradually formed by deposits from a river.
Reliction: Uncovering of land due to the recession of water, which typically belongs to the riparian owner.
Erosion: The natural process leading to the loss of land.
Avulsion: Refers to a sudden and significant change in a river's course, during which land rights remain unchanged.

Additional Concepts

Fugacious Resources: Similar to fugitive resources, they refer to movable resources such as oil and water.
Oil Ownership: Legal ownership of oil is only established upon its capture; after capture, the individual may extract any amount regardless of others' claims.
Tragedy of the Commons: A scenario where individual self-interest leads to the depletion of shared resources, underscoring the need for effective land resource management.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Explore key concepts in property law with these flashcards covering Ratione Soli and case laws like Keeble v. Hickeringill. Enhance your understanding of legal principles and their applications in real-life scenarios. Ideal for law students and practitioners alike.