[WSBARP] Long-Term Adverse Possession

Tom J. Westbrook tjw at w3net.net
Fri May 1 07:42:09 PDT 2015


Hi Marcus, 

I figured you must have been out - thanks for taking the time to reply
and for you thoughts. Hope your enjoying your time away..........we
never get enough of that! 

Best Regards,

             Tom

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Marcus Fry
Sent: Friday, May 01, 2015 5:00 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Long-Term Adverse Possession

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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Rodgers, Kee & Card
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Phone: 360-352-8311
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Email: tjw at 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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