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1. The instrument is recorded on or after January 1, 1960.
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2. An instrument is recorded before January 1, 1960, and a notice, the
7instrument, or an instrument expressly referring to the easement is recorded on or
8after January 1, 1960, and before the property is sold or transferred.
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3. The instrument or instruments expressly referring to the easement were
10recorded before January 1, 1960, and it is apparent from or can be proved from
11physical evidence of its use at such time when a person acquired the real estate
12subject to the easement.”.
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13. Page 2, line 13: after “this subsection" insert “unless a final judgment has
2been entered resolving the action, defense, or counterclaim".