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Lateral And Subjacent Support
Lateral and subjacent support, in the law of property, describes the right a landowner has to have that land physically supported in its natural state by both adjoining land and underground structures. If a neighbor's excavation or excessive extraction of underground liquid deposits ( crude oil or aquifers) causes subsidence, such as by causing the landowner's land to cave in, the neighbor will be subject to strict liability in a tort action. The neighbor will also be strictly liable for damage to buildings on the landowner's property if the landowner can show that the weight of the buildings did not contribute to the collapse of the land. If the landowner is unable to make such a showing, the neighbor must be shown to have been negligent in order for the landowner to recover damages. If the landowner owns everything beneath the ground on his property, he may convey to another party the rights to mineral deposits under the land and other things requiring excavation, such as eas ...
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Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ...
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Earthworks (engineering)
Earthworks are engineering works created through the processing of parts of the earth's surface involving quantities of soil or unformed rock. Shoring structures An incomplete list of possible temporary or permanent geotechnical shoring structures that may be designed and utilised as part of earthworks: *Mechanically stabilized earth *Earth anchor * Cliff stabilization *Grout curtain *Retaining wall *Slurry wall *Soil nailing *Tieback (geotechnical) *Trench shoring * Caisson *Dam *Gabion *Ground freezing Gallery File:Mechanically stabilized earth diagram.gif, Mechanically stabilized earth File:GroutCurtain.gif, Grout curtain File:Retaining Wall Type Function.jpg, Retaining wall types File:Soil Nail.jpg, Soil nailing File:FEMA - 6044 - Photograph by Larry Lerner taken on 03-15-2002 in New York.jpg, Tieback File:Sbh s600.JPG, Trench shoring File:Caisson Schematic.svg, Caisson File:Vyrnwy dam.JPG, Dam File:Gabion 040.jpg, Gabions File:Cross section of a ground freezing pipe as u ...
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Crude Oil
Petroleum, also known as crude oil, or simply oil, is a naturally occurring yellowish-black liquid mixture of mainly hydrocarbons, and is found in geological formations. The name ''petroleum'' covers both naturally occurring unprocessed crude oil and petroleum products that consist of refined crude oil. A fossil fuel, petroleum is formed when large quantities of dead organisms, mostly zooplankton and algae, are buried underneath sedimentary rock and subjected to both prolonged heat and pressure. Petroleum is primarily recovered by oil drilling. Drilling is carried out after studies of structural geology, sedimentary basin analysis, and reservoir characterisation. Recent developments in technologies have also led to exploitation of other Unconventional (oil & gas) reservoir, unconventional reserves such as oil sands and oil shale. Once extracted, oil is refined and separated, most easily by Continuous distillation#Continuous distillation of crude oil, distillation, into innume ...
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Aquifers
An aquifer is an underground layer of water-bearing, permeable rock, rock fractures, or unconsolidated materials (gravel, sand, or silt). Groundwater from aquifers can be extracted using a water well. Aquifers vary greatly in their characteristics. The study of water flow in aquifers and the characterization of aquifers is called hydrogeology. Related terms include aquitard, which is a bed of low permeability along an aquifer, and aquiclude (or ''aquifuge''), which is a solid, impermeable area underlying or overlying an aquifer, the pressure of which could create a confined aquifer. The classification of aquifers is as follows: Saturated versus unsaturated; aquifers versus aquitards; confined versus unconfined; isotropic versus anisotropic; porous, karst, or fractured; transboundary aquifer. Challenges for using groundwater include: overdrafting (extracting groundwater beyond the equilibrium yield of the aquifer), groundwater-related subsidence of land, groundwater becoming sa ...
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Subsidence
Subsidence is a general term for downward vertical movement of the Earth's surface, which can be caused by both natural processes and human activities. Subsidence involves little or no horizontal movement, which distinguishes it from slope movement. Processes that lead to subsidence include dissolution of underlying carbonate rock by groundwater; gradual compaction of sediments; withdrawal of fluid lava from beneath a solidified crust of rock; mining; pumping of subsurface fluids, such as groundwater or petroleum; or warping of the Earth's crust by tectonic forces. Subsidence resulting from tectonic deformation of the crust is known as tectonic subsidence and can create accommodation for sediments to accumulate and eventually lithify into sedimentary rock. Ground subsidence is of global concern to geologists, geotechnical engineers, surveyors, engineers, urban planners, landowners, and the public in general.National Research Council, 1991. ''Mitigating losses from land subsi ...
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Strict Liability
In criminal and civil law, strict liability is a standard of liability under which a person is legally responsible for the consequences flowing from an activity even in the absence of fault or criminal intent on the part of the defendant. Under the strict liability law, if the defendant possesses anything that is inherently dangerous, as specified under the "ultrahazardous" definition, the defendant is then strictly liable for any damages caused by such possession, no matter how careful the defendant is safeguarding them. In the field of torts, prominent examples of strict liability may include product liability, abnormally dangerous activities (e.g., blasting), intrusion onto another's land by livestock, and ownership of wild animals. Other than activities specified above (like ownership of wild animals, etc), US courts have historically considered the following activities as "ultrahazardous": # storing flammable liquids in quantity in an urban area # pile driving # b ...
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Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Negligent
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ...
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Mineral Rights
Mineral rights are property rights to exploit an area for the minerals it harbors. Mineral rights can be separate from property ownership (see Split estate). Mineral rights can refer to sedentary minerals that do not move below the Earth's surface or fluid minerals such as oil or natural gas. There are three major types of mineral property; unified estate, severed or split estate, and fractional ownership of minerals. Mineral estate Owning mineral rights (often referred to as a "mineral interest" or a "mineral estate") gives the owner the right to exploit, mine, and/or produce any or all minerals they own. Minerals can refer to oil, gas, coal, metal ores, stones, sands, or salts. An owner of mineral rights may sell, lease, or donate those minerals to any person or company as they see fit. Mineral interests can be owned by private landowners, private companies, or federal, state or local governments. Sorting these rights are a large part of mineral exploration. A brief outline ...
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Easement
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easemen ...
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