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In order to establish a legal right to use the path on Drew's property, Dawn will have to prove that her use of the path
In order to establish a legal right to use the path on Drew's property, Dawn will have to prove that her use of the path was open and notorious. What reasoning supports this requirement?
Requiring the use to be open and notorious insures that only those who act with a good faith belief that they have a legal right to use the property will prevail in court.
Unless the use is open and notorious, the owner of the land will be unable to take action to prevent the adverse use.
If the use is open and notorious, a court can balance the economic and social value of the use of the land by each of the parties.
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