[WSBARP] Filing an Adverse Possession claim. Legal description?

Tue Apr 29 14:10:18 PDT 2014

David: you can counterclaim and generally describe the area you seek to
adversely possess.  We are a notice pleading state, so the details of a
legal description you seek to quiet title to can be provided later on in a
summary judgment, for a settlement, or at trial.  Make sure you make a
prayer for fees under the adverse possession statute, RCW 7.28.

Gregory L. Ursich |  Shareholder

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From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Tuesday, April 29, 2014 12:26 PM
To: wsbarp
Subject: [WSBARP] Filing an Adverse Possession claim. Legal description?

Good afternoon, members of the WSBA Real Property, Probate, and Trust
section. 

I have been hired to fight a real property suit and my client wants to
counterclaim for adverse possession against the plaintiff. Because I have
never filed an adverse possession claim, I have a couple questions:

1. Do I need to have a legal description of the property to which my
client is claiming adverse possession in the counterclaim, or is it
sufficient to generally describe the area to be claimed and provide a
legal description at a later date/in a later filing? I was retained more
than half way through the 20 day answer period and am concerned I don't
have enough time to get a survey done for the purpose of drafting a
sufficient legal description. I don't have an existing property
description because my client is only claiming part of an existing space.
Any advice on this front would be much appreciated.

2. Does anybody on here have an answer and counterclaim for adverse
possession from which they'd let me crib?

Best,

David J. Faber

Faber Feinson PLLC

210 Polk st., ste. 4B

Port Townsend, WA 98368
(360) 379-4110

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All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
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