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Paula owns a residential lot in the country. David owns an unimproved lot directly to the north of Paula. A small stream runs through Paula's
Paula owns a residential lot in the country. David owns an unimproved lot directly to the north of Paula. A small stream runs through Paula's lot near the boundary line with David's lot and Paula has direct access to a highway on the south end of her lot. Paula has a small summer house at the south end of her lot near the highway, although she rarely uses it as she prefers to live in the city. Someday, she plans to build a larger house there after she retires on her country lot. David began to clear trees on his land to prepare to build a house on his lot. He asked Paula if he could drag the fallen trees across Paula's so that he could gain easier access to the highway, and Paula agreed. To save money on disposing of his trees, David began in August of 2023 to dump the trees onto Paula's lot near the stream, in a ravine. While in the ravine on Paula's lot David found a diamond ring that Paula had lost earlier that year. David sold the diamond ring for $500 to a local jewelry store. David then spent the $500 on concrete mix and cinder blocks to build the foundation to his new house on his lot. With the foundation now complete on his lot, his lot has increased in value $20,000. As a result of that winter's normal rainfall, several of the trees in the ravine rolled in the stream, blocking its natural flow. The trees then caused the stream to overflow, causing water to rush down to Paula's house at the other end of the lot, flooding her house. Paula returned in May of 2024 and learned what had happened. It will cost $10,000 to remove the trees from the ravine and an additional $20,000 to remove the trees from stream as well. The trees placed on the lot by David if not removed will depress the lot's market value from $1,500,000 to $1,499,000. Additionally, Paula's summer house requires repairs of $10,000 for the water damage caused. Why is a raven like a writing des k? At trial, the court found David liable to Paula for trespass to land and conversion. 1. What legal remedy or remedies can Paula reasonably obtain against David, what defenses (if any) can Paula reasonably raise, and who is likely to prevail? Discuss. 2. What equitable remedy or remedies can Paula reasonably obtain against David what defenses (if any) can David reasonably raise, and who is likely to prevail
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