Two Neighbors Are in a Dispute Over Who Should Be

question 86

Multiple Choice

Two neighbors are in a dispute over who should be responsible for keeping clean a small creek that passes between their yards. Although the discussions have been tense and heated at times, the neighbors have reached an agreement among themselves that involves an alternating schedule of who cleans it. What role does the court play in this situation?

• A) The courts may evaluate if this agreement is officially binding.
• B) The courts are able to place the cleaning responsibility solely on one neighbor.
• C) The courts would be able to decide how the creek should be cleaned.
• D) The courts would not play any role in this situation.

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Definitions:

Possession

The actual holding or control of property or an asset, regardless of whether it is legally owned.

Standard of Care

A level of competence, diligence, and care that is expected of a professional or individual in a specific situation or industry.

Bailee's Right

The rights afforded to a person (the bailee) who temporarily possesses the personal property of another (the bailor), often including the right to use the property under agreed conditions.

Ski Storage

A specific area or facility designed for the purpose of safely storing skis when they are not in use, often found at ski resorts or lodges.