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MMLU / Mort bought a property with a small rental home on it. The next door neighbor,…

Problem

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question

Mort bought a property with a small rental home on it. The next door neighbor, Tony, shared a concrete driveway that ran between the two houses but was entirely on Mort's side of the property line. Tony had been using the driveway for the past 25 years, during which time three different owners bought and sold Mort's house. When Mort applied to refinance his loan, his appraiser found an old survey showing the accurate property boundaries. Upset, Mort filed a suit against Tony for trespass. What is the likely result?

choices

  1. Mort will prevail in an action for trespass, because Tony's use wasn't "hostile."
  2. Mort will prevail because Tony's use wasn't "open and notorious," since it was not widely known that he was on Mort's property.
  3. Tony will prevail if he used the driveway for the statutory period.
  4. Tony will prevail because the easement was due to necessity.

subject

professional_law

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