John was the owner of a 40-acre plot of land located in Upstate New York. One day, John sold the eastern portion of his land to Frank. At the time of the purchase, John indicated to Frank in multiple e-mails that the boundary between the eastern and western portions was a small creek, but Frank never bothered to verify this claim by inspecting the deed. Few months later, John gifted the western portion of his land to his son, Peter. John then retired and moved to Florida.

Two years later, Peter (Johns son) decides to build a house on the eastern bank of the small creek. When Frank protested, Peter told Frank that the true boundary between the two portions of land is actually 40 meters to the east of the small creek. When Frank finally looked at the deed, the deed clearly indicated that Peter was rightthe true boundary between the eastern and western portions is 40 meters to the east of the small creek. Enraged at both John and Peter, Frank petitions the court to enjoin Peter from building the house.

1. Is a court likely to take into consideration the e-mails John sent Frank that stated that the boundary between the two properties is the creek? Briefly explain your answer. (3 points)

2. Can Frank prevent Peter from building the house by claiming he gained title of all the land up to the creek by adverse possession? Briefly explain your answer. (3 points)

3. Can Frank prevent Peter from building the house by claiming he gained title of all the land up to the creek by the doctrine of agreed boundaries? Briefly explain your answer. (3 points)