[WSBARP] Adverse Posssession - Property Line Adjustment

[Eric Nelsen]

City doesn't care about shape so long as square footage remains within zoning limits. You can carve out a chunk, no problem. The issue will be history of use, and if the use doesn't extend along the entire line, then adverse possession shouldn't move the entire line.

That said, there is a case out there that if I remember aright, approved of movement of a boundary line in a uniform manner. But I think it was a shoreline property or some other scenario where the boundary wasn't too clear in the other area, and the nature of the possession sort of made the whole boundary look like it had moved. I can't remember the exact situation, and it might have been a common-grantor or mutual-recognition-and-acquiescence case, rather than straight adverse possession. (This is going to nag at me; if I can find the cite later I'll post it.)

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1320 University St
Seattle WA  98101-2837
phone 206-625-0092
fax 206-625-9040




From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ron Housh
Sent: Wednesday, April 29, 2015 9:24 AM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Adverse Posssession - Property Line Adjustment

Back to my adverse possession case.....a property line question.

Is there any requirement in the City of Seattle that property lines must be a straight line?  Seems that every survey I've dealt with in Seattle, the lines are always straight.

So what if an adverse possessor prevails on a claim of use of an area say 8 feet wide and 20 feet long in the middle of the property line?  Is there anything to prevent the Court from ordering that the boundary be adjusted to award the claimant just this "chunk" of land ?

Stated otherwise, it would seem unfair to move the entire line 8 feet simply because the claimant has used a 20 foot section.

Thanks for input from folks with survey/land use experience!

Ron


I AM TYPICALLY IN THE SEATTLE OFFICE ON TUESDAY AND THURSDAY AND IN THE MOUNT VERNON OFFICE ON MONDAY, WEDNESDAY AND FRIDAY

Ronald G. Housh, P.S.
Attorney at Law

Seattle Office:
1420 Fifth Avenue, Suite 3000
Seattle, WA 98101-2393
Phone:   206-381-1341
Fax:        206-464-0461
Email:    ron at housh.org<mailto:ron at housh.org>

Mount Vernon Office:
21411 Bluejay Place
Mount Vernon, WA 98274
Phone:  206-235-2459
Email:   ron at housh.org<mailto:ron at housh.org>





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