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Question
In 1998, Leo purchased a 100-acre tract of forest land, plus an adjacent 20-acre lake; the lake was frozen over in the winter, but provided wonderful recreational opportunities in the summer. Leo rarely visited the property because he lived in a distant state. A small part of Leo's lake adjoined a 5-acre parcel which was owned by Zelda. Twelve years ago, Zelda built a vacation cabin on her land; since then she and her family have used the cabin for six or seven weeks each summer. During these visits, Zelda and her family usually swim, fish, and canoe on Leo's lake for five days each week. Last summer, Leo visited his property, spotted Zelda and her family swimming in the lake, and demanded that they "get out of my lake!" Which of the following is most likely? Zelda and her family have an implied easement by prior existing use to use the lake. Zelda and her family have a prescriptive easement to use the lake if the statutory period is 12 years or less. Zelda and her family have an easement by necessity to use the lake. Zelda and her family have no right to use the lake.
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