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Real Property: Zoning & Land Rights | Hands-Free Bar Exam Prep (MBE) - YouTube
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hi everyone welcome back to hands-free
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studying for the MBE brought to you by
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brainscape these upcoming property
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questions cover zoning and land rights
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all right let's get started
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question 1 what are lateral support
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rates lateral support rights hold that
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land owners have the right to lateral
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support from the adjoining land question
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2 if a landowner excavates his own land
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and then damages the adjoining property
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will the land owner be liable if the
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land is in its natural state yes if the
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land is in its natural state then the
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land owner will be held strictly liable
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for the damage question 3 if a landowner
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excavates his own land and damages the
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adjoining land will he be liable if the
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land has been improved this hinges on
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whether the improvement contributed to
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the collapse if the improvement did
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contribute to the class then the
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excavating landowner will only be liable
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if they were negligent however if the
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improvement did not contribute to the
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collapse then the excavating landowner
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will be held strictly liable
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question 4 what R sub J cent support
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rates some jacent support rates state
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that surface structures have the right
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to support from underneath the land
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remember that sub J cent means
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underneath these are important if a
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landowner allows another party to mine
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tunnel or say build an underground
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parking structure the other party must
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ensure surface structures are adequately
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supported question 5 if a third party
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has underground or sub J --scent support
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rights will they be liable if they
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damage the surface structure if the
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structures existed at the time of
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conveyance then the third party will be
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held strictly liable however if the
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structures were built after the
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conveyance the party will only be found
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negligent question 6 what are riparian
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rights and what are the two main
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approaches
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riparian rights are the rights to use
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water from water courses that border
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ones land this includes streams rivers
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and lakes it's governed by either the
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riparian doctrine or by the prior
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appropriation doctrine question 7 what
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is the riparian doctrine view of water
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rights the riparian doctrine holds that
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water belongs to those who own the land
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bordering the water course this doctrine
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adopts the reasonable use standard
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Criterion's have the right to reasonable
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use of the water and they cannot
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unreasonably interfere with another
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riparian rights in this doctrine natural
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use trunks artificial use question 8
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what is the prior appropriation doctrine
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the prior appropriation doctrine holds
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that the first person to make beneficial
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or productive use of the water has the
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legal right to continue using it for
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example using water for crops note again
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that natural use Trump's artificial use
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question 9 what are the rights for
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groundwater surface owners can make
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reasonable use of the groundwater these
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are also called correlative rights
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question 10 what our surface water
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rights and what are the three governing
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approaches to surface water surface
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water rights are rights to water that is
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either from rain Springs or melted snow
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it is not part of a waterway the three
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governing approaches are first the
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common enemy doctrine which holds that
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the owner can make changes to combat
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flow or drainage but they will be liable
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for negligence if they damage another's
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land the second approach is the natural
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flow theory which states that an owner
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cannot make changes to combat flow and
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lastly we have the reasonable use theory
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which holds that an owner can make
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reasonable changes to combat flow but
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this balances the harm verse utility of
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that change and that's the end of your
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