[WSBAPT] adverse possession tacking

Mon Nov 12 14:02:34 PST 2018

Assume the ten years ran before common ownership, so title to the
encroached-upon area has passed by operation of law. When the same person
took title to the second parcel, did she or he do so with the result that
they were still two separate parcels? If so, title already passed to the
encroached area, and nothing changed that. But if it was in some way that
resulted in one common ownership of one parcel that was made up of the two
former parcels (BLA?), then I would want to work through merger doctrines to
make sure there was no merger of title that might make a difference.

Rob

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
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From: wsbapt-bounces at lists.wsbarppt.com
[mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of
ofcounsl1 at mindspring.com
Sent: Monday, November 12, 2018 1:44 PM
To: 'WSBA Probate & Trust Listserv'
Subject: Re: [WSBAPT] adverse possession tacking

If the adverse use fully matured before the parcels were in common
ownership, then the common ownership could do nothing to affect the adverse
use. Conversely, if the adverse use was not fully mature when the parcels
went into common ownership, the common owner could not adversely possess
against himself, so no adverse possession occurred during common ownership.

Chris Constantine

Of Counsel Inc., P.S.

P. O. Box 7125

Tacoma, WA 98417-0125

(253) 752-7850

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of joyce at schwensenlaw.com
Sent: Monday, November 12, 2018 12:54 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] adverse possession tacking

I think the answer to this is pretty obvious but I want to check my gut. 

There is an adverse encroachment of improvements from one parcel onto the
neighboring parcel. Both parcels eventually come into common ownership.
Later common owner sells the two parcels separately. New owners with adverse
possession claim have not yet owned their property for 10 years. Did the
common ownership end the adverse possession so that the new owners cannot
tack the time of their adverse possession to any time prior to their
ownership?

Thank you very much.

Joyce Schwensen

Law Office of Joyce S. Schwensen

Joyce S. Schwensen, PS

12055 15th Ave NE
Seattle, WA  98125 
Tel: (206) 367-1065

Fax: (425) 324-3335 
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