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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

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 Wrights 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).[Drake v. Smersh, 122
Wash.App. 147,89 P.3d 726(Div.12004)]
a) Does Drakes use of the driveway meet all of the requirements for adverse possession?
Explain.
b) Adverse possession might seem unfair to the property owner. What is a reason to have this
doctrine/policy?

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