The Wallen 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. Floyd Massey bought the adjacent lot and built a cabin on it in 1985. To gain access to his property, Massey used a bulldozer to extend the driveway, without the Wallens’ permission but also without their objection. In 2010, the Wallens sold their property to Wright Fish Company. Massey continued to use and maintain the driveway without permission or objection.

1. The first team will decide whether Drake’s use of the driveway meets all of the requirements for adverse possession (easement by prescription).

2. The second team will determine how the court should rule in this case and why. Does it matter that Drake knew that the driveway was located largely on Wright’s (and then Smersh’s) property? Should it matter? Why or why not?

3. The third team will evaluate the underlying policy and fairness of adverse possession laws. Should the law reward persons who take possession of someone else’s land for their own use? Does it make sense to punish owners who allow someone else to use their land without complaint? Explain.

4. The fourth team will consider how the laws governing adverse possession (easement by prescription) vary from state to state. To acquire title through adverse possession, a person might be required to possess the property for five years in one state, for instance, and for twenty years in another. Are there any legitimate reasons for such regional differences? Would it be better if all states had the same requirements? Explain your answers.