Bennett

Defendant appeals from an order granting a preliminary injunction requiring him to remove a fence dividing his driveway from the adjoining driveway of plaintiff.

Plaintiff owns and manages a four-unit apartment building in the Angeleno Heights district of Los Angeles. Defendant owns a 38-unit apartment building immediately north of plaintiff’s building. These neighboring structures are separated by adjoining driveways which were undivided by any barrier until August 20, 1982. Plaintiff stated in his declaration that each of his units was rented with provision for two parking spaces, one in the rear parking lot and one in the driveway nearest his building; that for approximately six years, he, his tenants and their guests have used his driveway for parking and have used defendant’s adjoining driveway whenever necessary as a right of way for ingress and egress to plaintiff’s rear parking lot. On July 21, 1982, defendant attempted to construct a fence to divide the two driveways, thereby preventing the above-described use; that at that time, plaintiff advised defendant and his workmen of his claim to an easement over defendant’s driveway, construction was halted, the…