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

[Paul Neumiller]

Maybe this is stating the obvious but you could always buy more time by
filing your Notice of Appearance and then tell the plaintiff’s attorney to
chill out because you will have an answer coming shortly.  That way, the
plaintiff has to give you notice before moving for a default.

 

 

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Bryce Dille
Sent: Tuesday, April 29, 2014 3:29 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Filing an Adverse Possession claim. Legal
description?

 

You also need a legal to submit to the title co to get a litigation
certificate to determine who all the parties are including lenders who
have security interests in the property or even judgment creditors who may
have judgment liens.

 

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 notify the sender
immediately.

To ensure compliance with requirements imposed by the IRS, we hereby
inform you that any U.S. tax advice contained in this communication
(including attachments, if any) 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 matter addressed herein.

 

Bryce H. Dille 

Campbell, Dille, Barnett & Smith,  PLLC

P.O. Box 488

Puyallup, WA  98371

Voice:  253.848.3513

Fax: 253.845.4941

bryced at cdb-law.com

 

Business Entity Creation and Management

Business, Government and Tax Law

Real Estate and Land Use, Residential, Commercial and Condominium
Development

Real Estate and Commercial Transactions & Closings, Including Performing
Services as IRS Section 1031 Exchange Facilitator

Estate and Trust Planning & Administration, Including Planning for
Business Succession 

Representation Homeowners/Condominium Association Real Estate Developments

Real Property Foreclosures and Forfeitures

 

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of swhite8893 at aol.com
Sent: Tuesday, April 29, 2014 3:25 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Filing an Adverse Possession claim. Legal
description?

 

David,

     I personally think you need to have a legal description of the
claimed area which can always be added by amendment if you need to get
something filed in a hurry. However, I have seen at least one judge who
disagrees and that a general notice pleading is enough.

     As a practical matter, if a client is served with a complaint without
a legal description, it tells me the lawyer has not done his or her
homework.

     Eventually, you have to have a survey so why not from the get go. In
doing the survey, it also makes you go through what it is you want to
claim and allows you to have the survey paint a picture for later use by
mapping all the encroachments. Without a fence or other distinct line of
demarcation, you need those encroachments mapped out to create a
consistent line to which to claim.

 

Steve

 

Stephen Whitehouse

Whitehouse & Nichols, LLP

Attorneys at Law

P.O. Box 1273

601 W. Railroad Ave.

Shelton, Wa. 98584

360-426-5885

swhite8893 at aol.com

 

 

-----Original Message-----
From: David Faber <david at faberfeinson.com>
To: wsbarp <wsbarp at lists.wsbarppt.com>
Sent: Tue, Apr 29, 2014 12:27 pm
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

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 

 

- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

===============================
- To contact the list administrator, send a message to:
webmaster at wsbarppt.com 


- To unsubscribe, send a new message to: imail at lists.wsbarppt.com, with
the following in the body of the message: unsubscribe wsbarp - OR - send a
message to webmaster at wsbarppt.com asking that you be removed from the
wsbarp list. 

Information provided on this list should not be considered legal advice.
As with all lists - let the reader beware! No warranties or
representations are made as to the accuracy of any information provided.
All opinions and comments in this message represent the views of the
author and do not necessarily have the endorsement of the Washington State
Bar Association nor its officers or agents. 

-------------- next part --------------
A non-text attachment was scrubbed...
Name: winmail.dat
Type: application/ms-tnef
Size: 40538 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20140430/4161d1ea/winmail.dat>