Property

Front 1

"Rights of support"

Back 1

Lateral support and subjacent support.

Front 2

Lateral support (side)

Back 2

Landowner has right to land supported by adjoining landowners. Strict liability results if land is not supported.

Adjacent landowner strictly liable for damage to improvements if improvements' weight didn't cause collapse (land would've collapsed even without those buildings)

Front 3

Subjacent support

Back 3

Support of land from bottom. SL by holder of mineral rights if mineral rights holder removes minerals and surface subsides/collapses.

Rights cover land and improvements existing when mineral rights severed from fee simple; buildings after mineral rights severed from protection.

If excavator was negligent, can sue under tort principles.

Front 4

Riparian rights. [MAJORITY]

Back 4

Those whose property borders on lake or stream; owner can use all water necessary for domestic purposes.

If non-domestic, owner limited to reasonable use (cannot impair quantity or quality to those downstream or on the lake).

Front 5

Prior appropriation doctrine.

Back 5

First in time takes.

Anyone, not just riparian owner, who makes beneficial use of water, has right to continue use.

Right is protected from those who come later as long as use continues.

Front 6

Describe TX's water rights system.

Back 6

Permit regulatory system.

Prior appropriation is main factor.

Previous uses before the new law can be continued

Front 7

Rights governing underground water ("percolating water,” “well water,” “ground water”)

Back 7

Landowner is entitled to reasonable use of ground water. Must use it on the property and not export it

TX ONLY: English rule of capture. Landowner does not have to be reasonable. Just don't be malicious and don't waste

Front 8

Two approaches to surface water ("runoff" or "flood water")

Back 8

NO MAJORITY RULE

1) Natural Flow: reasonable steps. Drainage pipes or ditches to divert water okay if reasonable [TX rule]

2) Common Enemy: can do anything with floodwater, reasonable or not

Front 9

Texas homestead rules govern ___.

Back 9

How a place of business or residence are secured against creditors' claims.

Front 10

1) Who can get a TX homestead?

2) How can you get a TX homestead?

Back 10

1) Any family; any single adult

2) Intent to have it your homestead AND actually occupy it OR take acts of preparation that court can conclude you were about to occupy it

Front 11

Compare rural and urban homesteads.

Back 11

Rural: can’t be more than 200 acres for family or 100 acres for single; acres don’t have to be continuous but all have to be used as homestead

Urban: residential or business (place to exercise a business or calling for a family/single adult); can combine residential and business use in one homestead. Can be single lot or lots adding up to no more than 10 acres. If more than one lot, lots must be contiguous

Front 12

Debts that force a sale of homestead property

Back 12

1) Taxes: unpaid property taxes

2) Loans tied to property: related to buying/financing/improving property, or with equity in property, are always outside protection

Front 13

If homestead owned by husband and wife, neither can sell nor encumber it without ___.

Back 13

Signature of other.