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An Overview of Inclusion under Real Property

An Overview of Inclusion under Real Property Riparian Rights

Riparian rights doctrine is one of three theories, which regulates land connected to bodies of water and the law that pertains to the usage of that water from their land. The doctrine is currently the ruling law in several states, exceptions being states that lack rain or have an insufficient water supply. Riparian rights give land owners the right to use the water connected to their land equally.

Appropriation

The Prior Appropriate Doctrine is another one of three theories, which regulate land connected to bodies of water and the law that pertains to the usage of that water from their land. This doctrine is typically more popular in states that lack rain or have an insufficient water supply. This doctrine enables a first come first serve basis for the use of water connected to property of land owners. The detail of these laws vary depending on which state it is, with a majority of them having to set up a permit system that also states priority to the usage of that water.

Fixtures

Fixtures attached to real property become part of the property since it is then immovable. In order for this transformation to occur, the fixtures must be securely attached to the real property. When deciphering between what the fixture is, courts look to see what the initial intent of the property owner was, and then they look to see how securely it is attached. The last thing would be the use of the fixture, and whether it should still be considered personal property.

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