Abigail is the owner of a tract of land, but Umberto owns the mineral and excavation rights to that land. Umberto commences excavation in order to access the valuable minerals. While digging, he causes the surface of the land to collapse. Umberto is:

a. absolutely liable for any collapse.

b. not liable for any damage.

c. liable only if he acted recklessly.

d. liable only if he acted negligently.

Question

Business

Harold Lozano

6 October, 12:15

Abigail is the owner of a tract of land, but Umberto owns the mineral and excavation rights to that land. Umberto commences excavation in order to access the valuable minerals. While digging, he causes the surface of the land to collapse. Umberto is:

a. absolutely liable for any collapse.

b. not liable for any damage.

c. liable only if he acted recklessly.

d. liable only if he acted negligently.

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Answers (2)

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Aron Perry · Answer 1

A, absolutely liable for any collapse.

Explanation:

In the cause of excavation of mineral resources on the land Umberto has mineral and excavation rights for, the surface of the land collapses. This makes Umberto liable for the collapse of the surface of the land and Abigail can have a case against him for destruction of property.

Cheers.

Willie Cardenas · Answer 2

A) absolutely liable for any collapse.

Explanation:

As the owner of the land, Abigail, is the owner of both the surface and mineral rights of the land, but she probably sold or leased the mineral rights to Umberto. Mineral rights refer to the excavation rights of a property that allow a business to look for oil, gas, minerals, etc.

Mineral rights authorize Umberto to excavate and look for oil or minerals, but his actions cannot affect the surface. The surface rights are still owned by Abigail, so Umberto is liable for any damages suffered by surface structures.