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MMLU / The city installed a sewer line across a residential subdivision. The city…

Problem

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

question

The city installed a sewer line across a residential subdivision. The city acquired a valid easement for construction of the sewer from the development company that owned the subdivision. One year later a buyer purchased a house within the subdivision. Unknown to the buyer, the sewer line ran across his property, approximately 10 feet beneath the foundation of his home. The deed that the buyer received from the grantor, the development company, made no mention of the easement. Ten years after the buyer purchased his house, a crack in the sewer line caused water to leak into the buyer's basement. The flooding resulted in extensive damage to his home. The city has abolished governmental immunity. In an appropriate action by the buyer against the city to recover damages, the plaintiff will probably

choices

  1. not prevail, because the sewer line was installed before the buyer purchased the property.
  2. not prevail, because the city had acquired a valid easement for the sewer line.
  3. prevail, only if the sewer line was negligently maintained.
  4. prevail, because under the circumstances, the sewer line constituted a public nuisance.

subject

professional_law

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Source and history

task_id
bd348be7-3ab6-5408-9497-73616da046b0
task_key
all--test--bd348be7-3ab6-5408-9497-73616da046b0
task_revision_id
1
config / split
all / test

Official source

initial import