Appropriate action to establish lawful ownership

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In 1972, Ogle owned two adjoining lots numbered 6 and 7 fronting at the north on a city street. In that year, she lay out and built a concrete driveway along and two feet in front of what she erroneously believed to be the west boundary of lot 7. Ogle used the driveway for access to buildings situated at the southern end of both lots. Later in the same year, she conveyed lot 7 to Dale, and thereafter in the same year, she conveyed lot 6 to Pace. Neither deed made any reference to the driveway, and after the conveyance, Dale used it exclusively for access to lot 7. In 2000, a survey by Pace established that the driveway overlapped 6 inches on lot 6, and he brought an appropriate action to establish his lawful ownership of the strip on which the driveway approaches, to enjoin its use by Dale, and to require Dale to remove the overlap Decision? Please discuss.

Reference no: EM1318616


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