riparian proprietor. A person who is in possession of riparian land or who owns an estate in it; a landowner whose property borders on a stream or river. See riparian land under LAND. [Cases: Navigable Waters 39(1); Waters and Water Courses 39. C.J.S. Navigable Waters § 83; Waters § 11.]
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adjoining ([schwa]-joyn-ing), adj. Touching; sharing a common boundary; CONTIGUOUS. Cf. ADJACENT. [Cases: Adjoining Landowners 1. C.J.S. Adjoining Landowners §§ 2, 6–8, 39.] — adjoin ([schwa]-joyn), vb.
altius non tollendi (al-shee-[schwa]s non t[schwa]-len-dI). [Latin “of not raising higher”] Roman & civil law. A servitude prohibiting a landowner from building a house above a certain height.
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inaedificatio (in-ee-di-fi-kay-shee-oh), n. [Latin] Roman law. The act of building on another’s land with one’s own materials, or on one’s own land with another’s materials. • This was a form of accessio. Regardless of the source of the materials, the building became the landowner’s property. See ACCESSIO.
riparian right. (often pl.) The right of a landowner whose property borders on a body of water or watercourse. • Such a landowner traditionally has the right to make reasonable use of the water. — Also termed water right. [Cases: Navigable Waters 39–46; Waters and Water Courses 34–47. C.J.S. Navigable Waters §§ 82–102, 111, 126–131,
premises liability. A landowner’s or landholder’s tort liability for conditions or activities on the premises. [Cases: Negligence 1000, 1001. C.J.S. Negligence § 381.]
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several tenancy. See TENANCY. SEVERALTY severalty (sev-[[schwa]]-r[schwa]l-tee). The state or condition of being separate or distinct (the individual landowners held the land in severalty, not as joint tenants).
common duty of care. A landowner’s obligation to take reasonable care under the circumstances to see that a lawful visitor will be reasonably safe in using the premises for the purposes for which the visitor is permitted to be there.
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bordlands. Hist. Land used by the nobility to produce food. • Bordlands remained under the nobility’s direct control or were given to tenants who produced provisions for the landowner. Cf. BORDAGE.
common-enemy doctrine. Property. The rule that a landowner may repel surface waters as necessary (as during a flood), without having to consider the consequences to other landowners. • The doctrine takes its name from the idea that the floodwater is every landowner’s common enemy. [Cases: Waters and Water Courses 116–119. C.J.S. Waters §§ 255, 259–264,
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