Use of the driveway meet all of the requirements

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Reference no: EM131121387

Easements. The Wallens family owned a cabin on Lummi Island in the state of Washington. A driveway ran from the cabin across their property to South Nugent Road. In 1952, Floyd Massey bought the adjacent lot and built a cabin. To gain access to his property, he used a bulldozer to extend the driveway without the Wallenses’ permission but also without their objection. In 1975, the Wallenses sold their property to Wright Fish Co. Massey continued to use and maintain the driveway without permission or objection. In 1984, Massey sold his property to Robert Drake. Drake and his employees continued to use and maintain the driveway without permission or objection, although Drake knew it was located largely on Wright’s property. In 1997, Wright sold its lot to Robert Smersh. The next year, Smersh told Drake to stop using the driveway. Drake filed a suit in a Washington state court against Smersh, claiming an easement by prescription (which is created by meeting the same requirements as adverse possession). Does Drake’s use of the driveway meet all of the requirements? What should the court rule? Explain. [Drake v. Smersh, 122 Wash.App. 147, 89 P.3d 726 (Div. 1 2004)]

Reference no: EM131121387

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