In 1952, Ogle was the owner of two adjoining lots numbered 6 and 7 fronting at the north on a city street. In that year, he laid out a concrete driveway along and two feet from what he 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 1952, he conveyed lot 7 to Dale, and thereafter in the same year he 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 1976, a survey by Pace established that the driveway encroached six inches on lot 6, and Pace brought an appropriate action to establish his lawful ownership of the strip upon which the driveway approaches, to enjoin its use by Dale, and to require Dale to remove the overlap. What result?

Question

​In 1952, Ogle was the owner of two adjoining lots numbered 6 and 7 fronting at the north on a city street. In that year, he laid out a concrete driveway along and two feet from what he 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 1952, he conveyed lot 7 to Dale, and thereafter in the same year he 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 1976, a survey by Pace established that the driveway encroached six inches on lot 6, and Pace brought an appropriate action to establish his lawful ownership of the strip upon which the driveway approaches, to enjoin its use by Dale, and to require Dale to remove the overlap. What result?

Quizplus · Accepted Answer

The Answer of ​In 1952, Ogle was the owner of two adjoining lots numbered 6 and 7 fronting at the north on a city street. In that year, he laid out a concrete driveway along and two feet from what he 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 1952, he conveyed lot 7 to Dale, and thereafter in the same year he 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 1976, a survey by Pace established that the driveway encroached six inches on lot 6, and Pace brought an appropriate action to establish his lawful ownership of the strip upon which the driveway approaches, to enjoin its use by Dale, and to require Dale to remove the overlap. What result?

​In 1952, Ogle Was the Owner of Two Adjoining Lots

In 1952, Ogle Was the Owner of Two Adjoining Lots