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MMLU / A homeowner, his daughter, and his sister are the owners of three contiguous…

Problem

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

question

A homeowner, his daughter, and his sister are the owners of three contiguous lots in the city. A downward slope exists from the homeowner's land to the sister's land. The homeowner's and daughter's lots were in an unimproved natural state. The sister, however, had lived for 10 years in a house that she had built on her property. The daughter, in preparation for building a house on her lot, carefully excavated an area eight feet deep for the purpose of building a basement. The daughter completed construction of her house and macadamized an area for use as a driveway without changing the former contours of the land. Shortly thereafter, the sister began to make complaints to the daughter about the flooding of her basement, which she claimed had been previously free of water. The sister then built a concrete wall three feet along her border with the daughter to prevent the flow of rain water running onto her land from the daughter's property. This caused the surface water to stand and become stagnant on the daughter's land. The daughter demanded that the sister remove the wall, and upon the sister's refusal, the daughter brought an appropriate action to compel removal. The most likely result is

choices

  1. the sister must remove the wall because she has no right to obstruct the flow of such surface water.
  2. the sister must remove the wall at the daughter's expense.
  3. the sister may leave the wall without being liable to the daughter for money damages.
  4. the sister may leave the wall, but she will be liable to the daughter for money damages.

subject

professional_law

Discussion

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Source and history

task_id
d6bac9dc-fcad-55ac-a3d8-5b15bc763411
task_key
all--test--d6bac9dc-fcad-55ac-a3d8-5b15bc763411
task_revision_id
1
config / split
all / test

Official source

initial import