[WSBAPT] Reverse adverse possession

[Rich Holland]

I am with Shannon I think.  Adverse possession is the idea that there has been, basically, a trespass for so long that now the actual owner cannot sue for trespass.  It's an affirmative defense.  If the trespasser stops trespassing, I don't see how the actual owner has legal standing to say "It's yours now."

Though I am very curious to know exactly how bad the area must be for all the interested parties to be saying "nah, you take it".

Sincerely,

Richard L. Holland
Attorney, WSBA# 23921

[logo-for-print.jpg]
603 4th Ave Ste 100
Kirkland, WA 98033
877.785.8734  / 866.982.5080 (fax)

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Shannon Jones
Sent: Monday, December 5, 2022 11:43 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Reverse adverse possession

I am not sure you can do this at all. Maybe a declaratory judgment action, as your client is title owner and the only remedy would ordinarily be for trespass and ejection of the neighbor, which I understand client doesn't want - Shannon

[cid:image004.png at 01D908A2.59B700F0]
Shannon R. Jones | Attorney
Campbell Barnett PLLC
Direct:  253.848.3515
Office: 253.848.3513| Fax: 253.845.4941
317 South Meridian
Puyallup, WA 98371
shannonj at campbellbarnettlaw.com<mailto:shannonj at campbellbarnettlaw.com>
campbellbarnettlaw.com<https://urldefense.proofpoint.com/v2/url?u=https-3A__campbellbarnettlaw.com_&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=hDHe9lm5VBA9VXO3e3szRw&m=pM5Ng2v1rem3S5DrQF4Pna7gaE_h2sqhelSJBiJgoZY&s=o9mDaYuSy-U9Y64dxOvkb-ddwuZTxGPakGDAt8CfMhU&e=>

This transmission contains confidential attorney-client communications and may not be disclosed to any person but the intended recipient(s).  If this matter is transmitted to you in error, please delete and notify the sender immediately.





From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> <wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>> On Behalf Of Marcus J. Fry
Sent: Monday, December 5, 2022 10:28 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: [WSBAPT] Reverse adverse possession

Anyone familiar with bringing a quiet title or reverse adverse possession to give a neighboring more property?  Very odd, I recognize, but neighbor dispute is that neighbor (mainly his predecessor) has utilized a portion of the property as his own for more than 10 years, including maintaining trees, but now neighbor refuses to take responsibility for trees located thereupon and wants to shift the responsibility to client.  Client wants nothing to do with the trees and wants the boundary line moved to give up that portion of property.

Thank you,

Marcus

Marcus J. Fry
Attorney | Witherspoon * Kelley
mjf at witherspoonkelley.com<mailto:mjf at witherspoonkelley.com> | Attorney Profile<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.witherspoonkelley.com_marcus-2Dj-2Dfry&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=hDHe9lm5VBA9VXO3e3szRw&m=pM5Ng2v1rem3S5DrQF4Pna7gaE_h2sqhelSJBiJgoZY&s=moYVuoQZKnFkspoa_te_c5NDrxnYEmx686p9U-1TNJc&e=> | vCard<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.witherspoonkelley.com_s_mfj.vcf&d=DwMFAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=hDHe9lm5VBA9VXO3e3szRw&m=pM5Ng2v1rem3S5DrQF4Pna7gaE_h2sqhelSJBiJgoZY&s=zaPlRERHxFf9de84Ho-Dp5Wju3IZvSxaXdoSNWynqAo&e=>

[cid:image005.png at 01D908A2.59B700F0]

222 N. 3rd Street
Yakima, WA 98901
(509) 248-7220 (office)
(509) 575-1883 (fax)
witherspoonkelley.com

Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221205/7c042771/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.jpg
Type: image/jpeg
Size: 4227 bytes
Desc: image003.jpg
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221205/7c042771/image003.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.png
Type: image/png
Size: 5361 bytes
Desc: image004.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221205/7c042771/image004.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image005.png
Type: image/png
Size: 7508 bytes
Desc: image005.png
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20221205/7c042771/image005.png>