Discuss the Rights and Duties Associated with Being the Owner

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The Answer is An owner of lands adjacent to a watercourse, or one who has land through which a natural stream flows either above or below the surface, is known as a riparian owner. At common law, a riparian owner has the right to take water for consumption or for use in commercial endeavours. That which is not consumed must be returned to the watercourse, and the amount consumed must be reasonable regarding the rights of downstream users to do the same. In the same light, the riparian owner cannot restrict the flow of water to downstream users, nor pond it across the lands of upstream riparian owners by damming. In terms of water quality, a riparian owner may not change it in any way at common law, however statute law permits certain levels of pollution to occur. Like adverse possession of land, it is possible to develop a prescriptive right to pollute, extinguishing the right of other owners to complain, but it must always be within the limits of public health, otherwise a criminal charge may result.

Discuss the Rights and Duties Associated with Being the Owner

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