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

Tue Apr 29 14:00:55 PDT 2014

In practice, if there has not been a survey, the description is often
things like

- all property east of and including the existing wood fence.

- all property lying north of the line between lots 7 and 8, projected
across lot 15.

- all property north of the county road and west of Happy Creek.

- the west 10 feet of Defendant’s property. 

The test is whether the property can be unambiguously located from this
description. 

Rebecca K. Wiess

Attorney at Law

1420 5th Avenue, Suite 3775

Seattle, WA  98101

Phone 206 622-4425

Fax 206 622-9021

rwiess at foxinternet.net 

  _____  

From: wsbarp-owner at lists.wsbarppt.com
[mailto:wsbarp-owner at lists.wsbarppt.com] On Behalf Of Clark, Catherine
Sent: Tuesday, April 29, 2014 1:41 PM
To: wsbarp at lists.wsbarppt.com
Subject: RE: [WSBARP] Filing an Adverse Possession claim. Legal
description?

David:

See RCW 7.28.120 which states:  The plaintiff in such action shall set
forth in his or her complaint the nature of his or her estate, claim, or
title to the property, and the defendant may set up a legal or equitable
defense to plaintiff's claims; and the superior title, whether legal or
equitable, shall prevail. The property shall be described with such
certainty as to enable the possession thereof to be delivered if a
recovery be had.

Catherine C. Clark

Law Office of Catherine C. Clark PLLC

701 Fifth Avenue, Suite 4105

Seattle, WA  98104

Phone:  (206) 838-2528

Fax: (206) 374-3003

Email:  cat at loccc.com

Please Note Effective Friday, April 25, 2014, our new Suite Number will be
4105.  

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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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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. 

===============================
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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. 

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