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

[swhite8893 at aol.com]

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
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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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