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Question 1
Lisa owns Coalacre. Underneath Coalacre, there lies a coal mine that extends beyond the borders of Coalacre. John accesses the coal mine through another property and takes some coal from the coal mine. To whom does the coal belong?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Minerals and other natural resources that are embedded in the ground beneath property inherently belong to the owner of the surface property above. Coal is not a fugitive resource because it is solid and does not inherently flow from place to place.
Incorrect! Minerals and other natural resources that are embedded in the ground beneath property inherently belong to the owner of the surface property above. Coal is not a fugitive resource because it is solid and does not inherently flow from place to place.
Question 2
Lisa owns Oilacre. Underneath Oilacre, there lies a large pool of oil that extends beyond the borders of Oilacre. John accesses the oil pool by digging from another property (that he has permission to drill from) and accessing the oil pool from beneath Lisa's property, and takes some oil from the oil pool. To whom does the oil belong
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Although oil is a fugitive resource, because it flows naturally from place to place, Lisa will still win in this case. That is because John accessed the oil pool from beneath Lisa's property. Therefore, Lisa owned the spot from which the oil was accessed. So, John has committed trespass and the oil belongs to Lisa.
Incorrect! Although oil is a fugitive resource, because it flows naturally from place to place, Lisa will still win in this case. That is because John accessed the oil pool from beneath Lisa's property. Therefore, Lisa owned the spot from which the oil was accessed. So, John has committed trespass and the oil belongs to Lisa.
Question 3
Lisa owns Oilacre. Underneath Oilacre, there lies a large pool of oil that extends beyond the borders of Oilacre. John accesses the oil pool by digging from another property (that he has permission to drill from) and accessing the oil pool from beneath that other property. He uses this method to take some of the oil. Who owns that oil?
Correct Because John is not using Lisa's property to access the oil, he can do so, even though that will drain some of the oil from under Lisa's property as well. This is because oil is a fugitive resource. Thus, under the rule of capture, anyone who can access the resource (without committing a trespass) can keep it.
Incorrect! Because John is not using Lisa's property to access the oil, he can do so, even though that will drain some of the oil from under Lisa's property as well. This is because oil is a fugitive resource. Thus, under the rule of capture, anyone who can access the resource (without committing a trespass) can keep it.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Lisa owns Oilacre. Underneath Oilacre, there lies a large pool of oil that extends beyond the borders of Oilacre. John accesses the oil pool by digging from another property (that he has permission to drill from) and accessing the oil pool from beneath that other property. He uses this method to take all of the oil. Who owns that oil?
Correct The same analysis as the previous question applies here. Under the majority rule, it does not matter that John has taken all of the oil. Under that rule, one person may take the entire fugitive resource as long as he can access it without committing a trespass.
Incorrect! The same analysis as the previous question applies here. Under the majority rule, it does not matter that John has taken all of the oil. Under that rule, one person may take the entire fugitive resource as long as he can access it without committing a trespass.