Bryan owns an orchard behind john's house and property. The only access to the orchard is john's driveway, which Bryan uses to get to his land. Bryan sells the orchard to Tom. Can Tom use the right-of-way across Kay's property?

To determine whether Tom can use the right-of-way across Kay's property, we need to consider a few factors:

1. Check Bryan's property deed: Start by examining Bryan's property deed or any other relevant legal documents pertaining to the orchard. Look for any easements, right-of-ways, or access agreements that grant him the right to use John's driveway to access the orchard. This information will provide insight into whether Tom inherits this right from Bryan upon purchasing the orchard.

2. Consult the terms of the sale agreement: Review the terms of Tom's purchase agreement for the orchard. It may contain provisions addressing the rights and obligations associated with access to the property. Look for any references to easements, right-of-ways, or access routes. If a right-of-way across Kay's property is specifically mentioned or implied in the sale agreement, Tom might have the legal right to use it.

3. Research local laws and regulations: Research the laws and regulations in the jurisdiction where the properties are located. Different regions have their own rules and requirements regarding access rights and easements. Look for any local laws specific to right-of-ways and how they can be inherited or transferred to new property owners.

4. Consult a legal professional: If the existing documents and local regulations do not provide a clear answer, it is advisable to consult a real estate lawyer or other legal professional. They can analyze the situation in detail, review the relevant documents, and provide guidance based on the specific laws and regulations applicable in the area.

Remember, only a legal professional can provide you with definitive advice on this matter.