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MMLU-Pro / 1738 / A rancher is currently the owner of record of a parcel of land designated as "A.…

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question

A rancher is currently the owner of record of a parcel of land designated as "A. " It is the higher of two neighboring properties on a mountain. A farmer is the owner of parcel "B," which is situated lower than "A" on the mountainside. In 2000, the rancher, who owned both parcels of land, constructed a private drainage system. This system consisted of an underground pipeline that extended across both parcels of land. Sewage from parcel "A" drained through the system to a municipal sewer, which was located at the bottom of the mountain. In 2005, the rancher sold parcel "B" to the farmer. The deed to the farmer did not contain any mention of the rancher's drainage system. Located on each of the parcels are large ranch-style homes occupied by the respective owners. Lately, the sewage drain has begun to emit an unpleasant odor across parcel "B. " As a result, the farmer sued the rancher in trespass praying for damages caused by the drainage system. Judgment should be for

category

law

options

  1. the rancher, because the deed to the farmer did not contain any covenants restricting the rancher's use of the land.
  2. the rancher, because the farmer did not explicitly prevent the use of the drainage system when purchasing parcel "B."
  3. the farmer, because the rancher did not have the right to improve his own land in a manner that caused harm to another.
  4. the rancher, because the farmer willingly bought parcel "B" knowing it was lower on the mountainside.
  5. the rancher, because the farmer's proper cause of action would be for nuisance, rather than trespass.
  6. the farmer, because the drainage system was the proximate cause of the plaintiff's damages as a matter of law.
  7. the farmer, because the rancher was negligent in not maintaining the drainage system properly.
  8. the farmer, because the rancher knowingly caused a nuisance by constructing the drainage system.
  9. the rancher, because the farmer has not provided evidence of the damage caused by the drainage system.

src

ori_mmlu-professional_law

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