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45. Which party is likely to prevail?
Although there was no impact on the surface of his land or on existing uses, the owner of the neighboring property has sued the restaurant owner for trespass.
A restaurant building was expanded into a vacant lot north of its original location. The contractor who was working on the restaurant expansion found that the north wall of the new structure needed extensive support, so anchor rods and concrete were added. The supporting anchor rods and concrete extended into a neighboring property farther to the north at a point 20 feet below the surface.
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A is incorrect. The neighboring property owner would still have a claim to trespass if he had been given notice of the intrusion before it occurred.
C is incorrect. The restaurant owner would not prevail here. Even if the additional support was reasonable, it is still a trespass into the neighboring property.
D is incorrect. This is the standard for a claim of nuisance. Here, the facts state that the owner of the neighboring property has sued the restaurant owner for trespass.