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MMLU / An investor and a developer own adjoining lots in the central portion of a city.…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

An investor and a developer own adjoining lots in the central portion of a city. Each of their lots had an office building on it. The developer decided to raze the existing building on her lot and to erect a building of greater height. The developer has received all governmental approvals required to pursue her project. There is no applicable statute or ordinance (other than those dealing with various approvals for zoning, building, etc. ). After the developer had torn down the existing building, she proceeded to excavate deeper. The developer used shoring that met all local, state, and federal safety regulations, and the shoring was placed in accordance with those standards. The investor notified the developer that cracks were developing in the building situated on the investor's lot. The developer took the view that any subsidence suffered by the investor was due to the weight of the investor's building and correctly asserted that none would have occurred had the investor's land been in its natural state. The developer continued to excavate. The building on the investor's lot did suffer extensive damage, requiring the expenditure of $750,000 to remedy the defects. Which of the following is the best comment concerning the investor's action to recover damages from the developer?

choices

  1. The developer is liable, because she removed necessary support for the investor's lot.
  2. The developer cannot be held liable simply upon proof that support was removed, but may be held liable if negligence is proved.
  3. Once land is improved with a building, the owner cannot invoke the right of lateral support.
  4. The developer's only obligation was to satisf' all local, state, and federal safety regulations.

subject

professional_law

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Source and history

task_id
468ae915-782a-5501-aef8-6a0d653777ec
task_key
all--test--468ae915-782a-5501-aef8-6a0d653777ec
task_revision_id
1
config / split
all / test

Official source

initial import