Greenacre Subdivision — Alice and Carl v. Bob

For 20 years, Oscar owned Greenacre, a 10-acre parcel of land. The only access to the back half of the property was a gravel driveway that ran from the public road across the front half. On January 15, Oscar subdivided Greenacre and sold the landlocked 5-acre back portion, Parcel B, to Alice. The deed to Alice did not mention an easement for the driveway, and Alice did not record her deed. Alice immediately began using the gravel driveway to access Parcel B.

On February 1, Oscar sold the remaining 5-acre front portion, Parcel A, to Bob for fair market value. Bob noticed the gravel driveway and asked Oscar about it. Oscar replied, 'That's just an old farm track I rarely used.' Bob's deed did not mention any easement. Bob recorded his deed on February 2. On February 5, Alice recorded her deed to Parcel B. The jurisdiction has a race-notice recording statute.

Separately, for the past 12 years, Carl, the owner of the property adjacent to the eastern boundary of Parcel A, has maintained a fenced-in vegetable garden on a 10-foot-wide strip of land that is legally part of Parcel A. Carl has always believed the strip was part of his own property. The statutory period for adverse possession in the jurisdiction is 10 years. After purchasing Parcel A, Bob discovered Carl's garden and demanded he remove the fence and vacate the strip. Bob also told Alice to stop using the driveway.