In 1955, the owner of a 14.177-acre tract conveys 13.697 acres from that tract by specifically noting that a 0.480-acre portion of that tract was reserved for "railroad right-of-way." That thin strip separates out what the court describes as the Main and Panhandle Tracts, which were carved out of the original 14.177-acre tract. The right-of-way is a forty-foot strip located between the Main and Panhandle Tracts. Boulanger is a successor in interest to the grantor of the 1955 deed and asserts that he owns the forty-foot strip. Waste Management (WMI), a successor in interest to the grantee, asserts that it is the owner of the narrow strip of land since it acquired the right-of-way as well as the title to the Main and Panhandle Tracts. WMI wants to use the right-of-way strip to access a recycling center that it operates on the larger tract. Boulanger files this action seeking trespassory and unjust enrichment damages and an injunction to prevent WMI from using the strip of land.
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