Extent of Real Estate Interests

Extent of Land Ownership

Light and Air Is there a right to light? Doctrine of Ancient Lights Solar easements and protections Shadows The Right to a View? Air

Subsurface Issues Oil and gas Coal Geothermal Other Environmental

Water Rights Riparian: –Sharing Prior appropriation: –First in time; first in right Centerline rule for river beds Percolating and groundwater rights

Trespass Intentional interference with another’s land Criminal Civil Damages Injunction Restraining Order Trespass to chattels

Nuisance Bad smells Bad noises Invasion through smoke, particulates Interferes with another’s use and enjoyment of their property Balancing test when there is “moving to the nuisance”

Duties of Landowners Duty to not intentionally injure Duty to warn and to not intentionally injure Duty to inspect, fix, warn, and not intentionally injure Trespasser Licensee Invitee

Insurance Risk management Insurance –Risk shifting (pooling) –Insurable interest –Pay and defend –Know your contract Covered risks Exclusions Policy limits, deductibles, co-pays, etc.

Insurance Some risks –Property (real and personal) Damage Theft –Liability Premises Business and professional Personal

Insurance Some risks (continued) –Other economic (not exclusive) Life and health Disability Business interruption –Coordination/integration of coverage “Umbrella”/ excess liability Other –Insurance professional and other advisers

“Neighbors” Mending Wall – Robert Frost 1919 Closing thoughts