New York State Real Estate Salesperson Licensing Exam

What is the right to access water from a river or stream called?

1. Riparian

2. Adverse possession

3. Easement

4. Appurtenance

The correct answer is: Riparian

The right to access water from a river or stream is referred to as "riparian" rights. This concept is rooted in property law and pertains to landowners whose property is adjacent to a body of water. Riparian rights allow these owners to make reasonable use of the water for purposes such as watering livestock, irrigation, and personal consumption. This principle is significant within states that follow the riparian system, as it enshrines the rights of property owners to access and utilize water resources belonging to or flowing through their land. It extends to issues such as the preservation of water quality and the sustainable use of water, ensuring that one property's use of the water does not harm others. The other options pertain to different legal concepts: adverse possession is focused on gaining ownership of land through continuous possession, an easement grants certain use rights over another's land, and an appurtenance refers to rights that are tied to a property and transfer with ownership. Each of these concepts serves different legal purposes and does not directly address the right to access natural water sources as riparian rights do.