A bullet shоt hоrizоntаlly from а gun:
An оwner оf 100 аcres оf lаnd fronting а highway sold the back 50 acres to a farmer. Although the farmer could directly access a public road from his 50 acre tract of land, the deed granted to the farmer a right-of-way over the owner's 50 acres to reach the highway. The farmer immediately recorded the deed, but, because the right-of-way did not exist as a road or path, he rarely used the right-of-way. Five years later, the farmer conveyed his 50 acres by quitclaim deed to his daughter as a gift. Although the daughter was aware of the right-of-way, the quitclaim deed did not mention it. The daughter began to frequently use the right-of-way, which caused the creation of a visible path across the owner's property. The owner, upset by this "scarring" of his property, brought an action to enjoin the daughter from using the right-of-way. Should the court rule for the owner in his action to prevent the daughter's use of his property?