Barlow owns the surface rights for Canyon Ranch, but does not own the subsurface rights. Dusty owns the subsurface rights. Canyon Ranch includes a house, a bunkhouse, and two barns, which are damaged when Dusty is excavating for minerals under the surface. Most likely liable for the damage is
A) Dusty.
B) Barlow.
C) Dusty and Barlow.
D) no one.

Question

Barlow owns the surface rights for Canyon Ranch, but does not own the subsurface rights. Dusty owns the subsurface rights. Canyon Ranch includes a house, a bunkhouse, and two barns, which are damaged when Dusty is excavating for minerals under the surface. Most likely liable for the damage is​
A) ​Dusty.
B) ​Barlow.
C) ​Dusty and Barlow.
D) ​no one.

Quizplus · Accepted Answer

Dusty is liable for the damages since they were excavating for minerals under the surface, which caused the damage to the structures on the surface of the property that Barlow owns. Barlow did not have control over the subsurface activities, and therefore, cannot be held liable.

Barlow Owns the Surface Rights for Canyon Ranch, but Does