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

P demonstrated by clear and convincing evidence that his employees and tenants openly and notoriously used the driveway from Geddes Street to P's warehouse from 1943 until 1970. D purchased the servient land encompassing the driveway area. D permanently blocked access in 1985. P sued D. D presented evidence that temporary barricades were erected by the predecessors in title and others during the 1950s and by Ds in the 1970s. There was no proof that these temporary devices ever effectively interfered with, or disturbed, P's continuous use of the driveway. The court found for P and D appealed.

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