Real estate exam terms

Water and boundaries

6 terms, each with a plain definition, the term it is most often confused with, and how the license exam actually asks about it.

Accretion

The gradual addition of land by natural deposit of soil along a waterway

Silt building up slowly along a riverbank adds to the owner’s land, and the new soil is called alluvion. The mirror process, erosion, gradually takes land away. Both change boundaries over time without any conveyance.

How the exam asks about it

Distinguish avulsion — a sudden, violent change such as a river abruptly shifting course. Avulsion generally does not change the boundary, precisely because it was not gradual.

Alluvion

The soil deposited on a bank by the gradual action of water

Alluvion is the material; accretion is the process that puts it there. The deposit belongs to the owner of the land it attaches to, which is how a riverside parcel quietly grows without anyone conveying anything.

How the exam asks about it

Items use "alluvium" and "alluvion" interchangeably and expect the word to be connected to accretion rather than to erosion.

Littoral rights

Water rights belonging to land bordering a lake, sea or ocean

The owner has the right to use and enjoy the water, with ownership of the land generally running to the mean high-water mark. Beyond that line the bed is typically held by the state in trust for the public.

How the exam asks about it

The mnemonic most people settle on is that "littoral" and "lake" both start with L.

Prior appropriation

A water rights system allocating use by priority of claim rather than by land ownership

Used across much of the arid western United States. The right belongs to whoever first put the water to a recognized beneficial use and continues to do so, regardless of whether their land touches the water. It is often summarized as "first in time, first in right".

How the exam asks about it

The contrast with riparian rights is the examinable point: riparian rights attach to the land, appropriative rights attach to the use.

Reliction

Land uncovered when water permanently recedes

The water withdraws and the land it leaves belongs to the owner whose property it adjoins. Like accretion the process is gradual, and the gradualness is what makes it an addition to the parcel rather than a boundary dispute.

Easily confused with

Avulsion is the sudden version — a flood or a channel shifting in a single event — and it does not move boundaries the way the gradual processes do.

How the exam asks about it

Grouped with accretion, alluvion, erosion and avulsion. Reliction is water leaving; accretion is soil arriving.

Riparian rights

Water rights belonging to land bordering a flowing watercourse

The owner of land along a river or stream has rights to reasonable use of the water. Where the watercourse is non-navigable, ownership commonly runs to the middle of the channel; where it is navigable, ownership typically stops at the water’s edge.

How the exam asks about it

Paired with littoral rights every time. Riparian is the running water — river, stream; littoral is the standing water — lake, sea, ocean.

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