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Question 1
Jack and Jill own adjacent parcels of property. One day, Jack is digging a hole in his property and he discovers a cave that stretches underneath both his and Jill's lots. Who owns the cave?
Correct
Incorrect!
Correct
Incorrect!
Correct The general rule is that caves and/or subterranean property are inherently owned by the owner of the property above it. For legal purposes, ownership of real property extends downward from the surface of the property, in theory, to the center of the Earth. Thus, if a cave is discovered under property, the cave inherently belongs to the owner of the property above the cave.
Incorrect! The general rule is that caves and/or subterranean property are inherently owned by the owner of the property above it. For legal purposes, ownership of real property extends downward from the surface of the property, in theory, to the center of the Earth. Thus, if a cave is discovered under property, the cave inherently belongs to the owner of the property above the cave.
Correct
Incorrect!
Question 2
Ernie owns a cave that is beneath Bert's land. Bert is afraid that the existence of the cave will decrease the stability of his property. Which of the following is correct?
Correct
Incorrect!
Correct The owner of subterranean ground owes a duty of 'subjacent support' to the owner of the land above the ground. This means that the owner of the cave cannot do anything that will destabilize the land above.
Incorrect! The owner of subterranean ground owes a duty of 'subjacent support' to the owner of the land above the ground. This means that the owner of the cave cannot do anything that will destabilize the land above.
Correct
Incorrect!
Question 3
Ernie owns a cave that is beneath Bert's land. Bert has always used his land for farming. One day, Bert decides that he needs to build a barn on his land. Which is correct?
Correct
Incorrect!
Correct
Incorrect!
Correct The duty of subjacent support extends to reasonable usages of the above-ground property that existed at the time of the acquisition of the subterranean property. Building a barn is a reasonable usage of property on which a farm is operated. Note that this case is not clear cut. You could probably argue that choice A is correct because the new structure did not exist at the time that the cave was acquired by Ernie. Nevertheless, choice C is the best, and most realistic answer.
Incorrect! The duty of subjacent support extends to reasonable usages of the above-ground property that existed at the time of the acquisition of the subterranean property. Building a barn is a reasonable usage of property on which a farm is operated. Note that this case is not clear cut. You could probably argue that choice A is correct because the new structure did not exist at the time that the cave was acquired by Ernie. Nevertheless, choice C is the best, and most realistic answer.
Question 4
Leona owns an apartment building. Donald owns property next door to her building. Donald decides to build his own apartment building on his own property. However, his act of building may impact the stability of Leona's building next door. Under the majority rule, which of the following is correct?
Correct In most jurisdictions, there is no strict liability for building structures that damage neighboring structures. Such damage only leads to liability if it was caused by the negligence of the builder.
Incorrect! In most jurisdictions, there is no strict liability for building structures that damage neighboring structures. Such damage only leads to liability if it was caused by the negligence of the builder.