[WSBAPT] WSBAPT Digest, Vol 50, Issue 13

Tue Nov 13 12:29:12 PST 2018

I agree with the analysis of Robert Wilson-Hoss as to whether there may have
been a merger.

ROBERT E.WEST, JR.

WEST LAW OFFICES, P.S.

332 1st Street NE

Auburn WA  98002

Telephone: 253-351-9000

Facsimile:  253-833-5322

E-Mail:    rwest at westlawoffices.com

Website: www.WestLawOffices.com

Confidentiality: If you have received this email in error please reply to me
and delete your copy immediately as this email may contain attorney-client
privileged and/or information which should not be reproduced or distributed
in any way. 

IRS Circular 230 Notice: To ensure compliance with requirements imposed by
the IRS, we inform you that any U.S. tax advice contained in this
communication (including any attachments) is not intended or written to be
used, and cannot be used, for the purpose of  (i) avoiding penalties under
the Internal Revenue Code or (ii) promoting, marketing or recommending to
another party any transaction or matter addressed herein. 

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of wsbapt-request at lists.wsbarppt.com
Sent: Tuesday, November 13, 2018 12:00 PM
To: wsbapt at lists.wsbarppt.com
Subject: WSBAPT Digest, Vol 50, Issue 13

Send WSBAPT mailing list submissions to

             <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com

To subscribe or unsubscribe via the World Wide Web, visit

             <http://mailman.fsr.com/mailman/listinfo/wsbapt>
http://mailman.fsr.com/mailman/listinfo/wsbapt

or, via email, send a message with subject or body 'help' to

             <mailto:wsbapt-request at lists.wsbarppt.com>
wsbapt-request at lists.wsbarppt.com

You can reach the person managing the list at

             <mailto:wsbapt-owner at lists.wsbarppt.com>
wsbapt-owner at lists.wsbarppt.com

When replying, please edit your Subject line so it is more specific than
"Re: Contents of WSBAPT digest..."

Today's Topics:

   1. adverse possession tacking ( <mailto:joyce at schwensenlaw.com>
joyce at schwensenlaw.com)

   2. Re: adverse possession tacking ( <mailto:ofcounsl1 at mindspring.com>
ofcounsl1 at mindspring.com)

   3. Re: adverse possession tacking (Rob Wilson-Hoss)

----------------------------------------------------------------------

Message: 1

Date: Mon, 12 Nov 2018 12:54:12 -0800

From: < <mailto:joyce at schwensenlaw.com> joyce at schwensenlaw.com>

To: < <mailto:wsbapt at lists.wsbarppt.com> wsbapt at lists.wsbarppt.com>

Subject: [WSBAPT] adverse possession tacking

Message-ID: < <mailto:000601d47ac9$ddf19800$99d4c800$@schwensenlaw.com>
000601d47ac9$ddf19800$99d4c800$@schwensenlaw.com>

Content-Type: text/plain; charset="us-ascii"

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

< <mailto:Joyce at SchwensenLaw.com> mailto:Joyce at SchwensenLaw.com>
<mailto:Joyce at SchwensenLaw.com> Joyce at SchwensenLaw.com

< <http://www.schwensenlaw.com/> http://www.schwensenlaw.com/>
<http://www.SchwensenLaw.com> www.SchwensenLaw.com

PLEASE NOTE NEW ADDRESS: 12055 15TH AVE. NE, SEATTLE, WA 98125.

CONFIDENTIALITY NOTICE: 

This communication (including any attachments) is confidential and may
contain legally privileged information. If you are not the intended
recipient or believe that you may have received this communication in error,
please delete this communication from your computer and do not retransmit,
copy, print or otherwise disseminate this communication.

ATTORNEY-CLIENT RELATIONSHIP:

This e-mail does not in any way intend to provide legal advice to be relied
upon by any recipient and does not create any duty or obligation for legal
representation on behalf of the sender Joyce S. Schwensen, PS on behalf of
the recipient of this e-mail without a written engagement agreement.

REFERRALS:

Please note that no referral by this law firm to other legal professionals
is intended as a guaranty or assurance as to the experience, ability,
professionalism or other characteristics of such legal professionals.

-------------- next part --------------

An HTML attachment was scrubbed...

URL: <
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181112/d7f1da25/attac
hment-0001.html>
http://mailman.fsr.com/pipermail/wsbapt/attachments/20181112/d7f1da25/attach
ment-0001.html>

------------------------------

Message: 2

Date: Mon, 12 Nov 2018 13:43:43 -0800

From: < <mailto:ofcounsl1 at mindspring.com> ofcounsl1 at mindspring.com>

To: "'WSBA Probate & Trust Listserv'" < <mailto:wsbapt at lists.wsbarppt.com>
wsbapt at lists.wsbarppt.com>

Subject: Re: [WSBAPT] adverse possession tacking

Message-ID: < <mailto:000d01d47ad0$c9226dd0$5b674970$@mindspring.com>
000d01d47ad0$c9226dd0$5b674970$@mindspring.com>

Content-Type: text/plain; charset="us-ascii"

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:  <mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com <
<mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com>

On Behalf Of  <mailto:joyce at schwensenlaw.com> joyce at schwensenlaw.com

Sent: Monday, November 12, 2018 12:54 PM

To:  <mailto:wsbapt at lists.wsbarppt.com> 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

< <mailto:Joyce at SchwensenLaw.com> mailto:Joyce at SchwensenLaw.com>
<mailto:Joyce at SchwensenLaw.com> Joyce at SchwensenLaw.com

< <http://www.schwensenlaw.com/> http://www.schwensenlaw.com/>
<http://www.SchwensenLaw.com> www.SchwensenLaw.com

PLEASE NOTE NEW ADDRESS: 12055 15TH AVE. NE, SEATTLE, WA 98125.

CONFIDENTIALITY NOTICE: 

This communication (including any attachments) is confidential and may
contain legally privileged information. If you are not the intended
recipient or believe that you may have received this communication in error,
please delete this communication from your computer and do not retransmit,
copy, print or otherwise disseminate this communication.

ATTORNEY-CLIENT RELATIONSHIP:

This e-mail does not in any way intend to provide legal advice to be relied
upon by any recipient and does not create any duty or obligation for legal
representation on behalf of the sender Joyce S. Schwensen, PS on behalf of
the recipient of this e-mail without a written engagement agreement.

REFERRALS:

Please note that no referral by this law firm to other legal professionals
is intended as a guaranty or assurance as to the experience, ability,
professionalism or other characteristics of such legal professionals.

-------------- next part --------------

An HTML attachment was scrubbed...

URL: <
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181112/d2335659/attac
hment-0001.html>
http://mailman.fsr.com/pipermail/wsbapt/attachments/20181112/d2335659/attach
ment-0001.html>

------------------------------

Message: 3

Date: Mon, 12 Nov 2018 14:02:34 -0800

From: "Rob Wilson-Hoss" < <mailto:rob at hctc.com> rob at hctc.com>

To: "'WSBA Probate & Trust Listserv'" < <mailto:wsbapt at lists.wsbarppt.com>
wsbapt at lists.wsbarppt.com>

Subject: Re: [WSBAPT] adverse possession tacking

Message-ID: <0b1201d47ad3$6a927be0$3fb773a0$@com>

Content-Type: text/plain; charset="iso-8859-1"

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

236 West Birch Street

Shelton, WA 98584

360 426-2999

 <http://www.hossandwilsonhoss.com> www.hossandwilsonhoss.com

< <mailto:rob at hctc.com> mailto:rob at hctc.com>  <mailto:rob at hctc.com>
rob at hctc.com

This message is intended solely for the use of the addressee and may contain
information that is privileged, confidential, and exempt from disclosure
under applicable law.  If you are not the addressee, you are hereby notified
that any use, distribution, or copying of this message is strictly
prohibited.  If you received this message in error, please notify us by
reply e-mail or by telephone (call us collect at the number listed above)
and immediately delete this message and any and all of its attachments.

Thank you.

This office does debt collection and this e-mail may be an attempt to
collect a debt, Any information obtained will be used for that purpose.  To
the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. ? 1692)
applies this firm is acting as a debt collector for the
condominium/homeowners' association named above to collect a debt owed to
it. Any information obtained will be used for collection purposes. You have
the right to seek advice of legal counsel.

From:  <mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com

[ <mailto:wsbapt-bounces at lists.wsbarppt.com>
mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of
<mailto:ofcounsl1 at mindspring.com> 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:  <mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com <
<mailto:wsbapt-bounces at lists.wsbarppt.com>
wsbapt-bounces at lists.wsbarppt.com>

On Behalf Of  <mailto:joyce at schwensenlaw.com> joyce at schwensenlaw.com

Sent: Monday, November 12, 2018 12:54 PM

To:  <mailto:wsbapt at lists.wsbarppt.com> 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

< <mailto:Joyce at SchwensenLaw.com> mailto:Joyce at SchwensenLaw.com>
<mailto:Joyce at SchwensenLaw.com> Joyce at SchwensenLaw.com

< <http://www.schwensenlaw.com/> http://www.schwensenlaw.com/>
<http://www.SchwensenLaw.com> www.SchwensenLaw.com

PLEASE NOTE NEW ADDRESS: 12055 15TH AVE. NE, SEATTLE, WA 98125.

CONFIDENTIALITY NOTICE: 

This communication (including any attachments) is confidential and may
contain legally privileged information. If you are not the intended
recipient or believe that you may have received this communication in error,
please delete this communication from your computer and do not retransmit,
copy, print or otherwise disseminate this communication.

ATTORNEY-CLIENT RELATIONSHIP:

This e-mail does not in any way intend to provide legal advice to be relied
upon by any recipient and does not create any duty or obligation for legal
representation on behalf of the sender Joyce S. Schwensen, PS on behalf of
the recipient of this e-mail without a written engagement agreement.

REFERRALS:

Please note that no referral by this law firm to other legal professionals
is intended as a guaranty or assurance as to the experience, ability,
professionalism or other characteristics of such legal professionals.

---

This email has been checked for viruses by AVG.

 <https://www.avg.com> https://www.avg.com

-------------- next part --------------

An HTML attachment was scrubbed...

URL: <
<http://mailman.fsr.com/pipermail/wsbapt/attachments/20181112/c540ad5c/attac
hment-0001.html>
http://mailman.fsr.com/pipermail/wsbapt/attachments/20181112/c540ad5c/attach
ment-0001.html>

------------------------------

_______________________________________________

WSBAPT mailing list

 <mailto:WSBAPT at lists.wsbarppt.com> WSBAPT at lists.wsbarppt.com

 <http://mailman.fsr.com/mailman/listinfo/wsbapt>
http://mailman.fsr.com/mailman/listinfo/wsbapt

End of WSBAPT Digest, Vol 50, Issue 13

**************************************

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20181113/05ce9f1d/attachment.html>