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.

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Definitions:

Invalid Assignment

The transfer of rights or benefits under a contract that is not permitted or recognized by law, rendering it void.

Consideration

Something of value exchanged between parties in a contract, required for the agreement to be legally binding.

Liability Insurance

A form of insurance coverage that protects an individual or business from the risk associated with being found legally liable for various kinds of wrongs such as accidents or injuries.

Implied Warranty

A legal term referring to a warranty that is not expressly stated but is assumed by law to exist in a sale.