Drake v. Smersh

Massey bought a vacant lot next to the Wallens family's cabin lot on Lummi Island and, without asking permission, bulldozed an extension of the Wallens' existing driveway onto his own lot; the Wallens never objected, and both parties used the driveway for years. After the Wallens sold their lot to Wright Fish Company in 1975, Massey kept using the driveway without incident, and when Massey sold his lot to Drake (plaintiff) in 1984, Drake - aware the driveway sat mostly on the neighboring lot - continued using and maintaining it openly, still without objection. In 1997 Wright sold to Smersh (defendant), who told Drake a year later to stop using the driveway. Drake sued to quiet title to a prescriptive easement; after initially ruling for Smersh, the trial court reconsidered and granted Drake the easement.