A friend of mine, who recently passed the Ohio bar exam, is working on an interesting case. He posed a hypothetical question that looks a heck of a lot like something that I would only expect to see on a bar exam.
Chris owns a farm next to Bryan's farm. A creek crosses Chris' farm, and meanders on through Bryan's farm as well. On Chris' property, beavers have constructed a dam across the creek; subsequently, Bryan's property is damaged by the changed/lacking water-flow. Chris doesn't care that the beavers have built the dam and therefore won't tear it down. Additionally, Chris is kinda a private property nut, and won't even let Bryan come onto his land to tear down the beaver dam himself.
Query: under Ohio law, does Bryan have a cause of action against Chris?
Not exactly a title issue, but it does kind of make you scratch your head.
Robert A. Franco
SOURCE OF TITLE
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