[WSBARP] boundary line - adverse possession issue

[Kristina devore]

Dear Colleagues:

I am new to real estate cases and have a client that has come in with a boundary line dispute issue.  The client has owned the property with a small commercial building on it for over 20 years.  Behind the building are single family homes.  Until about 2 1/2 years ago there was a fence along the property line and bushy trees that made a natural border to the properties which was about 7 to 9 feet off the building.  2 1/2 years ago the owners of the home that borders the property removed the fence.  I few weeks ago the homeowners behind the property cut down the trees and added a fence that abuts my client’s building so that he can no longer access the back of the property and are now claiming that they own the property.  Additionally, they have dug out the land that abuts my client’s property so that there is now a steep slope where all water will accumulate and possible erode the building.

Does anyone have advise on where to start?  Is a survey even necessary?  I guess if the survey shows that the property has always been my clients then that would be helpful.  However, if a survey does not show that the property is my clients, shouldn’t he be able to claim the property by adverse possession since the boundary line, either fence or trees, has been there for so long?   He would like to avoid the cost of the survey if is not necessary.  Any advice on the best way to approach this case would be greatly appreciated.

Thanks,
Kristina


Kristina S. DeVore | Attorney & Counselor at Law
KRISTINA DEVORE LAW FIRM, pllc | 201 NE Park Plaza Dr., Ste., 290 | Vancouver, WA  98684
Phone: (360) 695-0535 | Fax (360) 261-6075 | Kristina at devore-law.com




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