Bar Exam (US) Property: [IMAGE] The following incident occurred during the heavy rains that batt...

Question

The following incident occurred during the heavy rains that battered Southern California in the winter and spring of 1995. On February 12, 1995, a violent storm struck the Los Angeles basin area. Triggered by heavy rains and wind gusts of over 50 mph, a mudslide caused Velma Vogel's house to be swept downhill into a home owned by Marilyn Malibu. After the Vogel home crashed into Malibu's, the mudslide then carried both of them into the ocean.

Undisputed evidence revealed that the mudslide started when a large plot of land, situated on an uphill slope, owned by the Seabreeze Realty Co., slid downward across Pacific Coast Highway towards the ocean. The landslide then caused the Vogel dwelling to dislodge, rotate, and press against the home of her neighbor, Marilyn Malibu, and both homes then slid into the sea.

Malibu asserts a claim against Vogel to recover damages to her home caused by the mudslide. Judgment for whom?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Malibu, because a landowner has the absolute right to have his land supported laterally by the neighboring land
  2. B
    Correct Answer
    Malibu, because one who withdraws lateral support from his neighbor's land is liable for the injury done to such land in its natural condition, regardless of negligence
  3. C
    Correct Answer
    Vogel, because although Malibu may recover for injury to the land in its natural condition, she cannot recover for injury to the artificial structures thereon
  4. D
    Correct Answer
    Vogel, because Malibu's proper cause of action should be against Seabreeze Realty Co.
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