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MMLU / A man, his nephew, and his son are the owners of three contiguous lots in the…

Problem

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

question

A man, his nephew, and his son are the owners of three contiguous lots in the city. A downward slope exists from the man's land to the son's land. The man's and the nephew's lots were in an unimproved natural state. The son, however, had lived for 10 years in a house that he had built on his property. In 2009, the man planted trees and shrubbery on his land along the boundary of the nephew's lot. In 2010, the nephew, in preparation for building a house on his lot, carefully excavated an area eight feet deep for the purpose of building a basement. The side of the excavation closest to the man €” nephew boundary suddenly collapsed, and a quantity of the man's soil, trees, and shrubbery fell into the hole. The nephew hauled away the debris. In an appropriate action by the man against the nephew to recover for the damage to his land, judgment should be for whom?

choices

  1. The nephew, if he was conducting the excavation work non-negligently.
  2. The nephew, because he was under no duty to support the man's land in its improved state.
  3. The man, because a landowner is entitled to support of his land in its natural condition.
  4. The man, because a landowner has an absolute right to have his land supported by the neighboring land.

subject

professional_law

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Source and history

task_id
ed29a961-1a67-5ae2-a072-1d21cbbb2789
task_key
all--test--ed29a961-1a67-5ae2-a072-1d21cbbb2789
task_revision_id
1
config / split
all / test

Official source

initial import