[WSBARP] Long-Term Adverse Possession

[Clark, Catherine]

Yes.  There are cases out there that say AP and PE are overlapping.  And, of course, lack of exclusivity does not necessarily defeat an AP claim.

I know, my head hurts too when I think about it.

Catherine C. Clark
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of John M. Riley III
Sent: Wednesday, April 29, 2015 3:29 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Long-Term Adverse Possession

Is  Gamboa applicable to adverse possession?  Different elements but permission is a defense to hostility.  As well, possession in adverse possession cases is usually exclusive, while prescriptive easements usually involve access which  is usually shared.  These suggest a different analysis.


John M. Riley, III

Principal | Witherspoon * Kelley

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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jane Seymour
Sent: Wednesday, April 29, 2015 2:51 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] Long-Term Adverse Possession

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> [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> [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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From: wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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