Asked by Jasmine Collymore on Apr 26, 2024
Verified
B and C owned adjacent houses in a subdivision. B's house and lot were located on slightly higher ground than C's, and the natural flow of water was downhill towards C's house. The two houses were separated by a 2.5-metre wide driveway, of which each owned one-half. One day, B changed the location of the eavestrough downspout on his house to direct the flow of water from his roof across the driveway, which sloped towards C's house. The first heavy rain resulted in the flooding of C's basement, because B had directed all of the rain which had collected on his roof towards and into C's basement window. B is liable for trespass by directing the rainwater collected on his roof towards C's property, if he did so with the intention of flooding C's basement.
Trespass
An unlawful act of entering someone's land or property without permission, which can also extend to interference with a person's rights or possessions.
Eavestrough Downspout
A vertical pipe that channels rainwater from a roof's gutter system away from the building's foundation.
Flooding Basement
The condition where water accumulates in a basement, typically due to heavy rain or leaks.
- Comprehend the judicial consequences of unauthorized entry and the impact of deliberate or accidental actions on accountability.
Verified Answer
IM
Isaac MillerApr 29, 2024
Final Answer :
True
Explanation :
Directing water intentionally towards a neighbor's property causing damage, like flooding, can be considered a form of trespass or nuisance, making the person responsible liable for the damages caused.
Learning Objectives
- Comprehend the judicial consequences of unauthorized entry and the impact of deliberate or accidental actions on accountability.