Question
In 1998, Ben purchased Blackacre, a rustic cabin located on 5 acres on the bluffs overlooking River. Except for a period from 2002 to 2006
In 1998, Ben purchased Blackacre, a rustic cabin located on 5 acres on the bluffs overlooking River. Except for a period from 2002 to 2006 when Ben was in prison for burglary, Ben has lived continuously at Blackacre. In 2000, Cave bought Amazing Caverns, a partially flooded cave located in the bluffs along River. That same year, Cave put gates on the entrances to Amazing Caverns and began giving paid boat tours, with the tours entering from River, following a route parallel to River, and exiting (through the gift shop) back onto River 3 miles downstream from the entrance. Except for Blackacre, Cave owns all of the land along River between the entrances to Amazing Caverns. Over the years, when Ben's daughter Sue would visit, Ben and Sue took several boat tours of Amazing Caverns. In 2017, Sue began living at Blackacre with her father. That same year, Ben executed an otherwise valid deed conveying Blackacre to Sue, telling Sue that Blackacre would be hers. Ben placed the deed in his own lockbox for safekeeping. In 2018, Cave sold Amazing Caverns and all of the land along River to Promoter. Promoter's advertising campaigns drew larger and larger crowds to Amazing Caverns during the tourist season. Tired of the traffic, in 2021 Sue blocked the entrance to Amazing Caverns with her boat, claiming that she was one of the owners. When Promoter files a lawsuit against Ben and Sue to quiet title, who will prevail? Discuss.
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