If Sam Buys the Fee Simple, Which of the Following

question 27

Multiple Choice

If Sam buys the fee simple, which of the following is true with regard to his rights?

• A) If fumes from the neighbouring processing plant kill his bushes and vegetables, he may be able to sue the neighbour for the tort of trespass.
• B) The maxim "to whomsoever the soil belongs, he owns also to the sky" remains unchanged and is as valid today as ever.
• C) If someone intrudes onto his property, the proper cause of action is to sue for the tort of public nuisance.
• D) In law, he is entitled only to the surface of his property within the boundaries, and not to things attached to the land, such as fences and barns.
• E) He would have the right to all below the surface except those things retained by the Crown in the original Crown grant.