SINGLEY, J., delivered the opinion of the Court.
This controversy arose when John Rogers and his partner, R. Wendell Brownley (who will be referred to collectively as Rogers) endeavored to prevent Howell Q. Burnopp and his wife, Lola E. Burnopp (the Burnopps) from using a right of way which they claimed to have over the Rogers tract.
Rogers has owned since 1967 a tract of some 78 acres, which is now being subdivided, on the north side of Dicus Mill Road in...
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