[WSBARP] RCW 7.28.085

[Clark, Catherine]

Has anyone used this statute offensively on behalf of a property owner who has been dispossessed as a result of AP?  The statute says this: "A party who prevails against the holder of record title at the time an action asserting title to real property by adverse possession was filed, or against a subsequent purchaser from such holder, may be required to:..."

I have a case where a fence clearly encroaches onto my client's property.  The encroaching neighbor says don't touch my fence as I have adversely possessed all the land within it.  All facts known so far indicate that said fence has been in place for more than 10 years.

The City of Seattle has issued a citation to my clients, the encroached, saying take down the fence as it is too tall.  Neighbor says no.

I'm wondering if I can file a declaratory judgment action as the encroached party and ask the court to transfer title on the AP claim because we agree with it (we don't like it but agree with it) and then seek attorneys fees and costs.  Given the City of Seattle's participation in the situation, seems like we will need something more formal to avoid a litany of fines and other unpleasantness.

All thoughts appreciated.

Thank you.

Catherine C. Clark
Law Office of Catherine C. Clark PLLC
701 Fifth Avenue, Suite 4105
Seattle, WA  98104
Phone:  (206) 838-2528
Fax: (206) 374-3003
Email:  cat at loccc.com<mailto:cat at loccc.com>

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