[WSBARP] Long-Term Adverse Possession
Jane Seymour
jseymour at whidbey.com
Wed Apr 29 14:50:54 PDT 2015
Gamboa v Clark WA Supreme Court (April 16 2015) and the related Court of
Appeals case, Gamboa v Clark 180WnApp256 321P3d1236 (WashAppDiv3 2014), for
a prescriptive easement case that discusses the shifting burden in great
detail.
Jane Seymour
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, April 29, 2015 1:26 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Long-Term Adverse Possession
Tom, thanks for the materials but they do not address the issue of a shift
in burden of proof. Then again, maybe by NOT addressing the issue, there is
no such doctrine that applies to adverse possession (or, my "vague
recollection" may be too vague).
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Tom J. Westbrook
Sent: Wednesday, April 29, 2015 12:28 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Long-Term Adverse Possession
Paul, you should find that answer somewhere in here.
Sincerely,
Tom
Thomas J. Westbrook
Attorney at Law
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Rodgers, Kee & Card
324 West Bay Drive NW, Suite 201
Olympia, Washington 98502
Phone: 360-352-8311
Facsimile: 360-352-8501
Email: tjw at buddbaylaw.com
Skype: thomas.westbrook
www.buddbaylaw.com
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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, April 29, 2015 12:08 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Long-Term Adverse Possession
The standard/usual burden of proof falls on the party who is claiming real
property through adverse possession. It is my vague recollection that there
is a doctrine that says that if the use of the real property is long-term,
the burden falls on the party resisting the adverse possession to prove that
there is no adverse possession. That is, long-term adverse possession
shifts the burden of proof from the "claiming" party to the "resisting"
party. I can't find that doctrine now. Anyone able to point me in the
right direction?
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