Miguel recently purchased his first home. He is very excited about making improve-ments to the home....

 

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Miguel recently purchased his first home. He is very excited about making improve-ments to the home. He decides it would be cheaper if he had his own water source so he digs a well in his backyard. Next he decides to construct a large building right next to the edge of his property. The following winter provides almost no precipitation in the form of snow or rain. The following spring, Miguel gets a letter from his neighbor Stephen claiming Miguel has stolen Stephen's water source by digging a well. Miguel decides not to say anything and hopes his neighbor won't pursue any further legal action. Much to Miguel's relief, summer rains are heavy and the rainwater bounces off his shed and creates a lake in Stephen's backyard. Miguel has received another letter from Stephen again claiming wrongdoing on the part of Miguel because of the lake. What is Miguel's liability in regard to the well and the rainwater that is deflecting off his shed? Please list the rules his state may apply to each source of water at dispute in this problem as part of your analysis. Issue: Rule: Analysis: Conclusion: Miguel recently purchased his first home. He is very excited about making improve-ments to the home. He decides it would be cheaper if he had his own water source so he digs a well in his backyard. Next he decides to construct a large building right next to the edge of his property. The following winter provides almost no precipitation in the form of snow or rain. The following spring, Miguel gets a letter from his neighbor Stephen claiming Miguel has stolen Stephen's water source by digging a well. Miguel decides not to say anything and hopes his neighbor won't pursue any further legal action. Much to Miguel's relief, summer rains are heavy and the rainwater bounces off his shed and creates a lake in Stephen's backyard. Miguel has received another letter from Stephen again claiming wrongdoing on the part of Miguel because of the lake. What is Miguel's liability in regard to the well and the rainwater that is deflecting off his shed? Please list the rules his state may apply to each source of water at dispute in this problem as part of your analysis. Issue: Rule: Analysis: Conclusion:

Answer rating: 100% (QA)

Answer Explanation i In this case based on the rule of rapture Miguel is not liable for digging the well in his backyard ii The Rule of Capture provid... View the full answer