If Sam buys the fee simple, which of the following is true with regard to his rights?
A) 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.
B) The maxim "to whomsoever the soil belongs, he owns also to the sky" remains unchanged and is as valid today as ever.
C) If someone intrudes onto his property, the proper cause of action is to sue for the tort of public nuisance.
D) 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.
E) He would have the right to all below the surface except those things retained by the Crown in the original Crown grant.
Correct Answer:
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