Factual Analysis - Property Read the facts of this case and write a factual analysis. Template = Case Name: Pl v Def. Issue: Area of law and remedy sought. Reasoning: discuss what the plaintiff must argue and any possible defences. State what you think may be the outcome. Risk Reduction: one suggestion for each of the parties. Scenario Jason Darby, a widower and owner of some property near Lake Wonnahug, made an agreement in 2007 with his neighbor, Mel Blankstein, wherein he allowed Blankstein and his family to go across a narrow path on the southern perimeter of Darby's lot to gain access to the lake. Several times Blankstein suggested that they "make their agreement formal," but somehow they never got around to doing anything until about six weeks before Darby, aged 66, died of a heart attack in 2018. At that time Darby signed a written document that said Blankstein could cross the property to gain access to the lake for "an indefinite period of time." Eight months after Darby's death, the executor of his estate sold the property to Lisa Woodward. Woodward moved in several weeks later. One spring day when Blankstein and his family were crossing Woodward's property to get to the lake, Woodward told them to get off her property. Blankstein later showed Woodward the document Darby signed. Said Woodward, "I took business law and I happen to have heard of the privity of contract rule. This document does not affect me." Blankstein has decided to take this matter to court.

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