In 1960, Lucy built a fence that was five feet across the property line between Lucy and Charlie's Michigan properties. When Charlie saw that Lucy's fence was built in the wrong location and that the length of Charlie's property now appeared to be five feet smaller and the length of Lucy's property appeared five feet larger, Charlie complained to Lucy. Lucy agreed in writing that she was using the five feet portion of Charlie's property with Charlie's express permission. As a result of Lucy's agreeing as such, Charlie did not force Lucy to move the fence. The writing has never been recorded with the Register of Deeds. In 2000, Lucy sold her property to Tom after having told Tom about her agreement with Charlie. In 2003, Charlie sold his property to Mary, after also having told Mary about the agreement. If Tom files a lawsuit against Mary in 2020 and claims ownership of the five foot stretch of property on his side of the fence, the likely outcome will be:

Question 10 options:

	Tom will win because he never agreed with Mary that the fence can remain
	Mary will win, but only if she produces the written agreement
	Mary will win, with or without producing the written agreement, since Tom is on notice of the agreement
	Tom will win under the theory of adverse possession