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Exam 3: Extent of Real Estate Interests

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Question 21

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The Zuni Indians, as part of their religion, make a periodic pilgrimage at the time of the summer solstice, on foot or horseback, from their reservation in northwest New Mexico to the mountain area the tribe calls Kohlu/wala:wa, which is in northeast Arizona. The Zuni believe Kohlu/wala:wa is their place of origin, the basis for their religious life, and the home of their dead. The pilgrimage has occurred since the fifteenth century. The pilgrimage crossed over the rather large landholdings of Earl Platt. In 1985, Mr. Platt declared that he was going to prohibit the Zuni from crossing his lands during their pilgrimage. The United States government intervened in the dispute on behalf of the Zuni. A woman from St. Johns, Arizona (located in the northeast part of the state), has testified that she remembers watching the pilgrimage as a girl in 1938. Can Mr. Platt stop the Zuni? Do the Zuni have any rights? U.S. on Behalf of Zuni Tribe of New Mexico v. Platt, 730 F.Supp. 318 (D. Ariz. 1990).

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They have not acquired an ease...

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Question 22

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The Riparian Theory applies only to those owning property abutting or touching the water body.

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B) False

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Question 23

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Anna and Beverly are neighbors. Anna has installed a series of solar collectors on the roof of her home. The collectors are positioned so that Anna obtains maximum efficiency in the use of the sun. However, Beverly has decided to plant several trees for backyard shade and within three years of planting, the now-tall trees are interfering with the collection of sunlight by Anna's collectors.

The issue of the right of way for drones has been resolved by the U.S. v. Causby decision.

Solar easements:

The Rule of Capture:

Fracking is not subject to a great deal of local or federal regulation.

Jane Sisnic hired a landscaping company to design and install landscaping in her backyard. Jane's backyard consisted of about one acre, with one side bordering on her neighbor's property and the remaining two sides bordering on national forest property. Jane walked the chief designer for the landscaper around her backyard and showed him what she thought her property boundaries were. The landscaping company began its work and in the process of building the fence along Jane's neighbor's property destroyed shrubs that were actually on the neighbor's property, cut down two of the neighbor's trees, and damaged a portion of the neighbor's grass. Who is liable to the neighbors for the damages?

Most states follow the Doctrine of Ancient Lights.

Drones have the right of way in the airspace.

Lance has just purchased a home for $620,000 in a quiet subdivision of Dallas. Lance soon discovers that his neighbors have two sons, ages 16 and 18, who have car stereos and a significant number of friends. Each evening as the boys return home, their stereos are quite loud and the bass vibrations cause the windows in Lance's home to shake. Their returns are generally between midnight and 2:00 a.m., and Lance is losing sleep. He is quite irritable and not performing at his peak at work. Lance's neighbors are similarly disturbed by the boys' activities. What, if anything, can they do?

Alberta Simpson purchased a home in a gated community with a swimming pool. Because of the loss of her job, Alberta was unable to make her payments. Unable to sell the home, Alberta walked away from the home and her mortgage. The bank has taken over possession of the home. However, the bank has not arranged for maintenance of the property. The swimming pool has become a breeding ground for mosquitoes and the county has had to post a warning notice on the front door for the neighbors to stay away from the property because of the risk for contracting the Nile virus from the mosquitoes. Which of the following statements is correct?

Colorado does not allow landowners to capture rainwater for their use.

Geothermal resources:

Joan Robertson is leasing her subsurface rights to Chevron. Chevron plans to start a fracking operation on her property. What additional rights will Chevron need?

The Rule of Capture protects landowners drilling from their property at an angle to another landowners' property.

An easement protecting a view is an example of an air right.

Those who own subsurface rights have no responsibility to restore and repair surface damage.

The Prior Appropriation Theory requires the rights of all appropriators to be equal.

A customer is an example of an invitee.