Question
(11) Fabio and Silvio are neighbors whose property is separated by a ten-foot tract with a fence in the middle. In 2002 they agreed to
(11) Fabio and Silvio are neighbors whose property is separated by a ten-foot tract with a fence in the middle. In 2002 they agreed to remove the fence and share the space as a common driveway. They shared the cost of paving the driveway. In 2014 Fabio sold his property to Matteo, who put a fence down the middle of the driveway, but solely on his side of the property line. Silvio sued to have the fence removed. Who has the better claim?
o Matteo, under the ten-year period for adverse possession and prescriptive easement.
o Silvio, by an easement by estoppel.
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