Berry, a retired sailor, has an amusement park in the middle of 40 acres on the edge of town. The park, known as "Berry's Knot Farm", has a unique collection of sailors' knots from around the world.
In need of money, Berry sells the southern portion of his land, 20 acres, to Sam. In the deed to Sam, Berry reserves a right-of-way across Sam's land to provide access to the park from the main highway.
Berry also deeds the northern-most 10 acres of his land to Nan.
Shortly thereafter, Nan and Sam both sell their respective north and south portions to a mutual friend, Fred. No reference is made in either Nan's or Sam's deed to any encumbrance on the deeded land.
Fred discovers that the chair-ride on Berry's Knot Farm when in operation causes the individual chairs, which are connected by cables to a center post, to swing out over his land (the north portion) by 2 feet, frightening his cows. Fred demands that Berry cease operating the chair ride immediately so that the chairs no longer encroach over his property.
Fred also finds that the unique knot collection has become very popular causing the traffic across his land (the south portion) to increase several times over. Fred seeks to close this access road from the main highway to Berry's Knot Farm.
Berry seeks your advice on the following:
1. Can Berry continue the chair ride, a very popular money maker, or must he cease?
2. Can Fred deny Berry the use of the right-of-way across Fred's land?