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CHAPTER 3 - THE SCOPE OF REAL PROPERTY . For the true/false component. Please correct the false answers. TRUE-FALSE QUESTIONS A landowner seeking to recover

CHAPTER 3 - THE SCOPE OF REAL PROPERTY. For the true/false component. Please correct the "false" answers.

TRUE-FALSE QUESTIONS

  1. A landowner seeking to recover damages from the operator of aircraft must at least prove trespass.

  1. The owner of real estate may sell her air rights to one person and her mineral rights to another person.
  2. Evans' tree hangs over Leppold's land. This would not be considered an invasion of Leppold's air space since a tree, unlike an aircraft, is natural.

  1. Navigable airspace is defined in the same manner as navigable water.

  1. It is not a trespass to tunnel beneath your neighbor's property so long as you begin your tunnel on your own property.

  1. A landowner's "bonus" in an oil and gas lease is determined by his percentage share of the production.

  1. A unitization or pooling plan for an entire reservoir of oil is required under various state laws in order to preserve the geological integrity of the reservoir and reduce production costs.

  1. State courts are not all in agreement over whether water must be navigable in fact to be considered navigable waters.

  1. If a river is navigable, the majority rule is that the state owns the riverbed.

  1. A riparian owner owns land adjacent to a water course or stream.

  1. The shore along oceanfront property is owned by the states.

  1. Under the prior appropriation theory, the first person to appropriate water for a beneficial use has priority over later users.

  1. Groundwater is water that flows across the ground outside of a riverbed.

  1. A landowner's right to support from a neighbor depends on the nature of the land and the nature of the excavation.

  1. A and B own adjacent lots. Under the civil law theory of surface water that is not in its natural watercourse, A is allowed to dam water and protect his own property even if it floods B's property.

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