Property OwnershipIntermediateDelaware Exam

In Delaware, water rights for property adjacent to a navigable river are governed by the principle of:

APrior appropriation — first in time, first in right

BRiparian rights — landowners adjacent to the water have usage rightsCorrect

CAbsolute ownership of all water beneath and adjacent to the land

DGovernment ownership of all water regardless of property boundaries

Why Riparian rights — landowners adjacent to the water have usage rights Is Correct

Answer B: Riparian rights — landowners adjacent to the water have usage rights

Delaware, like most eastern states, follows the riparian rights doctrine, which gives landowners whose property borders a body of water the right to make reasonable use of that water.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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Key Terms to Know

Easement

A non-possessory right to use another person's land for a specific purpose.

Fee Simple

The highest and most complete form of property ownership — absolute ownership with the right to use, sell, or pass the property to heirs.

Community Property

In community property states, most property acquired during marriage is owned equally by both spouses, regardless of who paid for it.

Option Contract

A contract giving the buyer the right, but not the obligation, to purchase a property at a specified price within a specified time period.

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