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 1980. To gain access to his property, Massey used a bulldozer to extend the driveway, without the Wallens' permission but also without their objection. In 2005, the Wallens sold their property to Wright Fish Co. Massey continued to use and maintain the driveway without permission or objection. In 2010, 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 2012, Wright sold its lot to Robert Smersh. The next year, Smersh told Drake to stop using the driveway. Drake filed a suit against Smersh, claiming an easement by prescription (which is created by meeting the same requirements as adverse possession).
1) Does Drake's use of the driveway meet all of the requirements for adverse possession (easement by prescription)?
2) What evidence, law, etc. supports this?
3) Is there a similar case that supports this as well?
4) How should the court rule given the information?
5) What law, regulation, evidence, previous case would support this ruling?
6) Does it matter that Drake knew the driveway was located largely on Wright's (and then Smersh's) property?
7) Should it matter? Why or why not?
8) In evaluating 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?
9) Does it make sense to punish owners who allow someone else to use their land without complaint?© BrainMass Inc. brainmass.com October 25, 2018, 9:11 am ad1c9bdddf
An examination of the application of adverse possession and easement by prescription made by a neighbor.
Supreme Court case studies
1: use reading question 1
Read American Needle, Inc. v. National Football League pages 459460.
Respond to the three Case Questions found in page 459.
Brief the facts of the case and assume your boss is seeking your opinions as noted in the Critical
Legal Thinking, Ethics, and Contemporary Business questions. Argue both sides of all issues.
2: use reading question 2
Read United States v. Capital City Foods, Inc. page 489.
Brief the facts of the case and assume your boss is seeking your opinions on how much cooked
insect and rodent parts are you willing to have in your butter.
Provide convincing arguments for both sides of your recommendations.
3: use reading question 3
Read Sections 24.7 Endangered Species (p. 506); 25.1 Adverse Possession (p. 527); 25.5
Adverse Possession (p. 528); 22.4 Resale Price Maintenance (pp. 471472); and 23.7 Fair Debt
Collection (p. 491).
Check the decisions of the highest appellate courts, if a case is cited, for each fact pattern.
Brief the facts of the case and assume your boss is seeking your opinions on whether each of the
subjects affect business in the United States and if so, provide the worst and best case scenarios.
4: use reading question 4
Read Section 22.9 Ethics page 473.
Brief the facts of the case and assume your boss is seeking your opinions on the 3 questions
found at the end of Section 22.9. Argue both sides of all issues