The Wallen family owned a cabin on Lummi Island in the state ofWashington. A driveway ran from the cabin across their property toSouth Nugent Road. Floyd Massey bought the adjacent lot and built acabin on it in 1980. To gain access to his property, Massey used abulldozer to extend the driveway, without the Wallens’ permissionbut also without their objection. In 2005, the Wallens sold theirproperty to Wright Fish Company. Massey continued to use andmaintain the driveway without permission or objection. In 2011,Massey sold his property to Robert Drake. Drake and his employeescontinued to use and maintain the driveway without permission orobjection, although Drake knew it was located largely on Wright’sproperty. In 2013, Wright sold its lot to Robert Smersh. The nextyear, Smersh told Drake to stop using the driveway. Drake filed asuit against Smersh, claiming an easement by prescription (which iscreated by meeting the same requirements as adverse possession).(See Transfer of Ownership.)
determine how the court should rule in this case and why. Doesit matter that Drake knew the driveway was located largely onWright’s (and then Smersh’s) property? Should it matter? Why or whynot?