[WSBARP] Long-Term Adverse Possession

[Paul Neumiller]

Thanks to all who addressed my posting.  I appreciate the cites (and
insights!)

 

 

 

From: 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

 



 

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 <mailto:tjw at buddbaylaw.com> 

Skype: thomas.westbrook

www.buddbaylaw.com <http://www.buddbaylaw.com> 

 

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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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