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A large parcel of land at an intersection includes a Kroger in the front portion of the lot, and a Salvation Army thrift store in the back portion of the lot. The Kroger has access to Main St. and the Salvation Army has access to Broad Sreet. An executed recording exists between the parties that gives Kroger the right to an easement for ingress and egress across Salvation Army's lot to Broad Street. The easement was never used, and eventually Salvation Army goes out of business. Affordable Housing Company (AFC) purchased the back portion of the lot and built a multifamily apartment complex. Three years later, business to the Kroger increases to such a point it becomes necessary for the shopping center to require an easement across AFC's property to relieve the traffic by gaining access to the other major street. AFC wishes to deny the easement to Kroger. Discuss the likely outcome.
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