Question
Defendant is a cattle rancher and owns 1000 acres of grazing land in Montana. Plaintiff owns a strawberry farm that is adjacent to Defendant's land,
Defendant is a cattle rancher and owns 1000 acres of grazing land in Montana. Plaintiff owns a strawberry farm that is adjacent to Defendant's land, but across the state line. Over the last five years, Defendant's cattle frequently wandered onto Plaintiff's land, destroying portions of Plaintiff's strawberry patches during the growing season and interfering with Plaintiff's ability to bring its produce to market. Plaintiff sues Defendant for trespass in federal district court, alleging diversity jurisdiction. During discovery, Defendant demands the right "to survey Plaintiff's property (through a land surveyor who will determine the terrestrial boundaries of Plaintiff's property) and to inspect the quality of the strawberries (to determine the quality) that Plaintiff harvests, upon such time as may be convenient to Plaintiff."
Plaintiff opposes the request, stating that "Defendant may inspect the land, but may not survey the land." Should the court grant the request?
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