Subterranean Caves and Lateral Support Self-Quiz

 

 

 

 

 

 

 

 

 

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?
Choice 1 Jack, because he discovered the cave and so he gets it under the rule of capture
Choice 2 Jack, because the only way to access the cave is through his property
Choice 3 Jack gets the part that is under his property, and Jill gets the part that’s under her property
Choice 4 Each party gets half of the property
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?
Choice 1 Bert has to make sure to take other steps to stabilize his own property, because whether his property is stable or not is Bert’s problem
Choice 2 Ernie has a responsibility to make sure that his cave usage does not de-stabilize Bert’s property
Choice 3 The two parties must share the burden of the cost of keeping Bert’s property stable
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?

Choice 1 It is not Ernie’s responsibility to make sure that his interference does not make the barn unstable because Bert is changing the usage of the property
Choice 2 Bert has no right to build the barn because it might make Ernie’s mine unstable
Choice 3 Ernie has a responsibility to make sure that his cave usage does not de-stabilize Bert’s barn

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?
Choice 1 Donald will be liable for any damage his building causes Leona’s building, but only if Donald was negligent in his building
Choice 2 Donald will be strictly liable for any damage his building causes Leona’s building
Choice 3 Donald will not be liable for any damage his building causes Leona’s building, because his actions were taken only on his own property
Choice 4 Leona could get an injunction that would prevent Donald from building his building, if doing such might destabilize her building.

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