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CASE 5 Baxter owned a large block of forested land that surrounded a small lake. The lake was fed by a small stream that crossed

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CASE 5 Baxter owned a large block of forested land that surrounded a small lake. The lake was fed by a small stream that crossed the property, and another that drained the lake into a larger body of water several kilometres away. With the intention of eventually constructing a resort on the lot, Wilson purchased from Baxter a parcel of land fronting on the lake. On the payment of the purchase price he received a deed to the land from Baxter. Without examining it. he placed it in his safety deposit box. Wilson used the property as a personal campsite for several years while he searched for financial backers for his resort. Because the lake was several hundred metres from the road, each time he visited the lake he would leave his automobile parked at the roadside and carry his camping equipment through the woods to his property. Five years after he purchased the land from Baxter, he was in a position to build the resort on his lot. No road access was available to the land, but Wilson assumed that the pathway that led to his property was his access route. He engaged a logger to cut trees to widen the path in order that a truck carrying his building materials could reach his lot. No sooner had Wilson's logger cut the first tree than Baxter appeared and ordered him to stop cutting. When Wilson arrived, Baxter ordered him to leave the property. Wilson protested that he was entitled to clear the trees from the access route to his land. but Baxter replied that he had sold him only the lot and not a roadway. According to Baxter, Wilson had water access by way of the stream if he wished to enter or leave his property. The surrounding land belonged to Baxter. Wilson had travelled the stream with his canoe on a number of occasions. While it was possible to gain access to his lot in that fashion, it would not be possible to transport the heavy building materials into the property as the stream was too shallow to allow the use of larger watercraft. Rather than continue his argument with Baxter, Wilson decided to examine his deed to determine if Baxter was correct in his position on the access route. Wilson returned home and read the description of the property contained in the conveyance. It described the lot only and made no mention of a roadway to the property. According to the deed. Baxter owned all of the land surrounding Wilson's property. His only access appeared to be by way of the small stream to the lake. Examine the rights of the two parties in this case. If either party should decide to take legal action to enforce his rights, explain the nature of the action and indicate the probable outcome

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