Homer Simpson owns a house/lot next to the house/lot owned by Nelson Flanders in Springfield, Polk County, Florida. There is no dividing fence, line of trees or other obvious boundary between the lots of Simpson and Flanders. Homer bought his property in 2004 while Nelson bought his in 2008.

In 2014, Homer constructed a gazebo that is five (5) feet over the property line of Nelson Flanders' lot as verified by a review of the survey for the properties. The gazebo covers ten (10) square feet of property. After building the gazebo, Homer and his family use it as if it were on his own lot. Nelson didn't object even though he believed Homer has built the gazebo on his property.

In January, 2022, Nelson Flanders died. In April, 2022, the executor of Nelson's Last Will and Testament, Lionel Hutz, Esq., brings a lawsuit against Homer Simpson asking that the gazebo be torn down.

1. What legal concept/defense might Homer use to counter the lawsuit brought by the Executor of Nelson's Will? Explain why this concept/defense may apply under these facts.

2. a. Under this concept, what will Homer have to prove?

b. State your opinion as to whether Homer will succeed and explain the basis for your opinion.

3. In what Florida court would the Executor of Nelson's Will bring the lawsuit against Homer.

4. Assume that in 2018, Nelson advised Homer that the gazebo is on his property and shows him the survey proving it. Nelson informs Homer that he can still use the gazebo as long as he allows Nelson to use it as well; and, provided that he pays Nelson $25 a month to have access to it. Homer agrees to this agreement. What specific type of interest do you believe was created by this agreement? Explain.