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MMLU / A widower was the record owner of a lemon grove, a 30-acre parcel of land in a…

Problem

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question

A widower was the record owner of a lemon grove, a 30-acre parcel of land in a suburb. The widower lived in a farmhouse on the lemon grove and used the property to raise produce. Adjoining the lemon grove directly to the west was a 10-acre farm that was owned in fee simple by a farmer. There was a four-lane highway that adjoined the lemon grove directly to the east. The widower, by way of gift, executed a deed naming his daughter as grantee. The deed granted to the daughter and her heirs an antebellum mansion located near the southern edge of the lemon grove. The antebellum mansion was accessible by a little- used road that ran west to east from the farmlgrove border to the four-lane highway along the southern boundary of the grove. The daughter recorded her deed and took immediate possession of the property. A short while later, the daughter and the farmer fell in love and began seeing each other quite frequently. In order for the farmer to reach the daughter's house, it was necessary for him to travel over the little-used road across the lemon grove. Many years later, the farmer, who was still having an affair with the daughter, met her father at a Rotary Club meeting. They struck up a conversation, and the widower asked the farmer, "Have you been driving your pickup along that little-used back road on my property?" The farmer, who was afraid to tell the widower about his love affair with the daughter, responded with a half-truth, "Yes, I've been using it as a shortcut to the four-lane highway. " Unaware that the farmer was also using the path to get to the antebellum mansion to see the daughter, the widower said, "No problem, I just wanted to be sure that it was you who was using the road. "Thereafter, the widower found out about his daughter's relationship with the farmer. Infuriated, the widower confronted the farmer and told him, "Listen, you lying sneak, if I catch you on my property again, I'm going to have you arrested for trespass. " The farmer replied, "Sorry, Pops, but I've acquired an easement over that roadway, and I'll continue to use it anytime I want. "Then, the widower institutes an appropriate action to enjoin the farmer from using the roadway across the lemon grove. If the widower prevails, it will be because the farmer's use was

choices

  1. fraudulent.
  2. permissive.
  3. not continuous.
  4. not open and notorious.

subject

professional_law

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