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15 Cards in this Set
- Front
- Back
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SPECIAL RIGHTS
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Intro
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Rights of Support: What are the 2 ways land must be supported in its present state?
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1. Lateral support
2. Subjacent support |
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Lateral support?
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A landowner has the right to land supported by the adjoining landowners, and strict liability results if land is not supported. Strictly liable for damages to improvements if weight of improvements didn't cause collapse
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Subjacent support
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Support of the surface from the bottom. Strict liability results is surface is not supported. Arises when mineral rights holder removes minerals and the surface subsides/collapses.
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WATER RIGHTS
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Intro
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Types of water rights?
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1. Rivers and lakes
2. Water under the ground 3. Surface water |
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Rivers and lakes
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1. Riparian rights- refers to those whose property borders on a lake or stream. Owner can use all water needed for domestic purposes.
If non-domestic, owner limited to reasonable use. 2. Prior appropriation - first in time take. Anyone who makes beneficial use of water has right to continue use, protected from those who come later. |
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Water under the ground
(percolating water, well water, ground water) |
A landowner is entitled to reasonable use of ground water. Landowner must use it on the property and not export it elsewhere.
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Surface water (Runoff or flood water)
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2 competing approaches:
1. Natural flow- reasonable steps to deal with flood water, such as drainage pipes or ditches. 2. Common enemy - can do anything with floodwater, whether reasonable or not. |
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TEXAS HOMESTEAD RULES
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The Texas homestead is a place of business or residence secured against the claims of creditors.
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Who can get a homestead?
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Any family or single adult
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How to get a homestead?
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Intent to have as homestead, and occupy it or take such action that court might think you were about to occupy.
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Two basic kinds of homesteads: rural and urban
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1. Rural homestead: can't be more than 200 acres for a family, or 100 acres for a single person. Need not be contiguous.
2. Urban: residential or business. Lots add up to no more than 10 acres. If more than one lot, must be contiguous. |
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Debts that can force a sale of homestead property?
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1. Property taxes
2. Loans tied to property, for buying, financing, improving, equity, etc. |
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If homestead is owned by husband and wife?
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Neither can sell nor encumber it w/o the signature of the other.
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