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MMLU / A doctor owned a two-acre tract just outside the city. She subdivided the parcel…

Problem

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question

A doctor owned a two-acre tract just outside the city. She subdivided the parcel into 12 lots, numbered1 €”12, 11 of which she sold to 11 different buyers. The doctor retained lot 12 to live on. Each deed tothe 11 lots sold contained the following restriction:"It is an express covenant and condition that the property hereby conveyed shall not be used for other than single-family residences. "Two years after the doctor subdivided and sold off the parcels, the purchasers of lots 1 €”11 had each built residences on their property. In December of that year, the doctor dug a well on her property. From that well, the doctor supplied water to all of the lot owners. One year later, a veterinarian, who lived on the lot adjacent to the doctor's, dug a well in her backyard. Her well caused water to be diverted from the doctor's well, and the doctor is no longer able to get any water. In an appropriate action by the doctor against the veterinarian, what remedy, if any, is available?

choices

  1. An injunction should be decreed enjoining the veterinarian from using her well.
  2. The doctor should be entitled to recover money damages from the veterinarian.
  3. The veterinarian should be required to supply water to the doctor.
  4. There is no remedy.

subject

professional_law

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