Lecture Notes on Mineral, Air, Water, and Subsurface Rights

Introduction

• Understanding mineral, air, water, and subsurface rights is crucial for real estate practice and examinations.
• These rights are often bundled with the purchase of real property.

Types of Property Rights

1. Surface Rights

• Definition: Rights entitling landowners to use the surface of the land.
• Activities Allowed:
  • Legal land development and construction of structures.
  • Making physical improvements like planting crops.
  • Granting easements to neighbors.

2. Mineral or Subsurface Rights

• Definition: Rights to the area beneath the surface of the property.
• Uses:
  • Installation of subsurface easements (e.g., sewer lines).
  • Extraction of minerals, gas, and oil beneath the land.
  • Leasing rights to companies for resource extraction.
  • Requires due process for transactions.

3. Air Rights

• Definition: Rights to the air space above the property.
• Applications:
  • Ownership extends infinitely upwards.
  • Construction must not obstruct air traffic.
  • Potential for building additional stories on a structure.
  • Rights can be sold or leased to others for their construction.

4. Water Rights

• Importance: Frequently appear in real estate exams.
• Types of Water Rights:
  • Riparian Rights: Concerned with the banks of a stream or river.
  • Littoral Rights: Pertaining to properties adjacent to oceans, seas, or large lakes.
  • Doctrine of Prior Appropriation: Government control in areas with limited water supplies.
  • Navigability: Defines ownership based on if waterways are navigable.

Practical and Examination Importance

• Understanding these rights is essential in real estate practice and examinations.
• Water rights, in particular, are highlighted as a crucial exam topic.

Conclusion

• Emphasis on consulting legal assistance for unclear water rights.
• Encouragement to remember key concepts: riparian, littoral, prior appropriation, and navigability.

These notes cover the key points of the lecture, summarizing the different types of property rights, their applications, and their importance in both practice and real estate examinations.