In an appropriate action by the investor to determine her right to use the right-of-way across the farm, she should The farmer, on the other hand, has informed the investor that no such easement exists.Īssume that both the farm and the orchard abut a public highway and that ingress and egress are afforded the investor by that highway. The investor has now claimed that she has a right-of-way across the farm. Neither the rancher-farmer deed nor the farmer- investor deed contained any reference to the easement for right-of-way. The next year, the farmer conveyed the orchard by deed to an investor for a consideration of $250,000, receipt of which was acknowledged. In 2010, the rancher conveyed the orchard to the farmer. The shepherd, however, never made any actual use of the right-of-way. This right-of-way was executed by deed and properly recorded. A remote predecessor of the farmer had granted to a shepherd a way for egress and ingress across the farm under such terms and circumstances that an easement appurtenant to the orchard was created. The orchard, a 20-acre tract situated to the north of the farm, was owned by a rancher in fee simple absolute. In 2006, a farmer purchased the farm, a 10-acre tract, in fee simple absolute. A farm and an orchard are adjoining tracts of land located in a county.
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