Reference no: EM133293844

Assignment:

Winnie owned a large parcel of rural land that adjoined a lake. She developed a residential subdivision called "Lakeside Development" from the large parcel of land, divided the land into buildable lots and sold all of the lots. Winnie retained a 100-foot wide strip of land between all of the lots and the lake.

Nearly all of the homes were "vacation" homes that were used only from May through August each year. Taylor was one of the owners of a vacation home in Lakeside Development. In order to gain access to the lake, Taylor and other homeowners in the subdivision regularly crossed the 100-foot wide strip owned by Winnie when using their vacation homes. Taylor often saw Winnie when she was swimming in the lake and Winnie usually smiled and waved. One year, without asking Winnie's permission, Taylor spends $20,000 for lumber to build a dock on the lake adjoining Taylor's house. The dock was partly on Taylor's land and partly onto the lakebed. After Taylor began construction on the dock, Winnie often walked by the construction workers. Winnie sometimes chatted amiably with the workers.

Taylor and her family and friends used the dock for the last 11 years. Recently, Winnie died. Winnie's only child and heir, Archer, has placed a fence between Taylor's dock and the lake and posted "no trespassing" signs. Archer has informed all of the homeowners in the subdivision that he will begin charging daily fees for access to the lake.

The statute of limitations in this jurisdiction for actions to recover land must be brought within ten years after the cause of action first accrues. Taylor comes to you for advice and wants your opinion as to what rights she may have to continue to use the dock and the lake.

How would you advise her?