Prof. Maxeiner is thinking about buying some land from Seller in Hagerstown, Maryland. In 1995, Original Owner divided his tract into two parcels and sold the westward one to Seller. Seller has direct access to the state highway which is next to the west side of her property. Original Owner uses a dirt road across Seller's property to get to the state highway. The road runs from the dividing line of Original Owner and Seller's property. Original Owner cleared trees and brush to make the road shortly after dividing the property into 2 lots to allow him to get to the highway. His lot is sandwiched between Seller's lot to the west, lot C to the north, Deep Forest to the south, and Even Deeper Forest to the east. Original Owner often sees Seller when he is using the dirt road on Seller's property on his way to work. Seller waves and gives Original Owner a friendly smile.

Prof. Maxeiner has discovered that the state will be constructing a new road beside Original Owner's through the Even Deeper Forest. If he buys the property, will Prof. Maxeiner have to allow Original Owner to use the dirt road both before and after the construction of the new road? Explain the reasons for your answer.