In 2010, Dan bought a new boat and attempted to use the gravel path over ServAcre, but found a locked gate blocking his entry. Ed refused to permit Dan to cross his land. Dan replied that both the language of his and the prior deeds, as well as his prior use, created his right which he would enforce in court if necessary.

If Dan attempts to enforce his claimed right to cross ServAcre in court. In the case of Dan v. Ed, what result? Answer in IRAC format