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13. In such lawsuit, judgment should be for

The landowner brought an appropriate action against the neighbor to recover damages resulting from the injuries in the building on Lot 1.

Lot 2 remained vacant until six months ago, when the neighbor began excavation pursuant to a building permit authorizing the erection of an industrial building situated on Lot 2 but with one wall along the boundary common with Lot 1. The excavation caused subsidence of a portion of Lot 1 that resulted in injury to the landowner's building. Further investigation determined that the subsidence would have occurred even if there was not a building on Lot 1. The excavation was not done negligently or with any malicious intent to injure. In the jurisdiction, the time to acquire title by adverse possession or rights by prescription is 10 years.

12 years ago, the landowner erected an industrial building wholly situated on Lot 1 but with one wall along the boundary common with Lot 2. The construction was done as authorized by a building permit, validly obtained under applicable statutes, ordinances, and regulations. Further, the construction was regularly inspected and passed as being in compliance with all building code requirements.

A landowner owned Lot 1 in fee simple in a properly approved subdivision, designed and zoned for industrial use. His neighbor owned the adjoining Lot 2 in the same subdivision. The plat of the subdivision was recorded as authorized by statute.