This section contains the nature of the case and procedural background.

P owns land bordering Thatcher Road. Gravel Road runs from Thatcher Road over P’s parcel to land owned by Ds. Three generations of Pooles (D) have used the Gravel Road from early in this century traveling back and forth from their property, particularly to haul out wood. Those hauling operations were first conducted by horse-drawn wagon and, beginning in 1920, by truck. For a period of time Ds also operated a gravel pit and moved gravel to purchasers over the Gravel Road. In the 1930's they got into the construction and snow plowing business and ran their equipment over the Gravel Road. Gravel Road was gradually improved by Ds with gravel from their land and by the installation of a drainage pipe at a point about fifty feet in from Thatcher Road. In 1972 Ds obtained a zoning variance to use their back land for a garage and repair shop. Even though use increased, the judge found the variation in the Ds' use of the Gravel Road was 'moderate' and 'consistent with the general pattern formed by the adverse use.' D got the verdict and P appealed.

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