If Sam buys the fee simple, which of the following is true with regard to his rights?
A) In law, he is entitled only to the surface of his property within the boundaries, and not to things attached to the land, such as fences and barns.
B) If someone intrudes onto his property, the proper cause of action is to sue for the tort of public nuisance.
C) He would have the right to all below the surface except those things retained by the Crown in the original Crown grant.
D) If fumes from the neighbouring processing plant kill his bushes and vegetables, he may be able to sue the neighbour for the tort of trespass.
E) The maxim "to whomsoever the soil belongs, he owns also to the sky" remains unchanged and is as valid today as ever.

Question

Quizplus · Accepted Answer

Fee simple ownership grants the owner the rights to the entire property, including all surface and subsurface rights. However, some subsurface rights may have been reserved by the Crown in the original Crown grant.

If Sam Buys the Fee Simple, Which of the Following