Question
Peter bought an old farmhouse and yard as an acreage to retire on. The day after he bought the home he saw Walter, another farmer
Peter bought an old farmhouse and yard as an acreage to retire on. The day after he bought the home he saw Walter, another farmer going over his property with a pail, towards a nearby stream. Peter was angry that Walter was walking over his land and he told Walter not to do so. Walter told Peter that he had a right to walk over the land, telling him that the right of way to walk over the land has existed since the time of his own great grandfather who also used to walk over the property. Walter said that once his grandfather was given the right of way, it would continue forever. Walter stated to Peter that he had a right to walk over the property because whoever owns the property has that right. Peter was determined to stop Walter from walking over his property and decided to take legal action to do just that.
A. What is the main legal issue?
B. Discuss whether Walter has the right to walk over Peter's land or not. Present your arguments for each side.
C. Render a decision
D. What remedy is available to Peter if he is correct?
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