[WSBARP] Long-Term Adverse Possession

Marcus Fry mfry at lyon-law.com
Fri May 1 04:59:58 PDT 2015


Tom:
I'm on vacation but I'll give you a quick answer. I deleted the emails that you sent me.
I would probably treat him as tenants and give them a 20 day notice terminating tenancy at end of May and if they're not out then do a eviction.
As to the unknown people I would just address the notice to unknown occupants.
I think this would be way faster than an ejectment and since they were permitted treat them.as tenants as opposed to guests.
Sent from my Samsung Mobile




"Tom J. Westbrook" wrote:
Paul, you should find that answer somewhere in here.

Sincerely,

Tom

Thomas J. Westbrook
Attorney at Law

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Phone: 360-352-8311
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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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