Land Ownership Rights (Air, Water, Minerals)

Land ownership includes rights to air above and ground below (within reason)

All beneath earth belongs to owner:
Mineral Rights – part of real property, can be removed.
Fugitive – moving things, like oil
- also real but can’t be removed.
- owner can sell rights below 500ft or use right of surface entry above 500ft

Water rights:
Littoral – right on still water by land (lakes)
Riparian – right on moving water
Not automatic and both within reason

Percolating water – water seeping from the ground
Allocation/appropriation – if state takes for non-owners
Potable water – people can drink it

Surface water rights – prevent flooding neighbors with rain water

Flooding
Degrees: 1) inundation 2) sheet overflow 3) ponding
Frequent – 2 times in 10 years.