[WSBARP] boundary line - adverse possession issue

[Rob Wilson-Hoss]

Kristina, there are many excellent adverse possession attorneys on this listserve, and I hope others will add to this. I just want to make a couple of points. First, you may well need a survey. It seems that one of the challenges you face is that your client has limited funds. Adverse possession cases can be expensive; a few years ago the Legislature added a piece to the statute that allows for attorney fees, but that is neither guaranteed, nor available until judgment, and if a case is mediated/settled, attorney fees are the first things to go, often.

 

But before you commission a survey, make sure there is not already one done, so look at the Auditor's files. If you do real estate law, you will need to develop a friendly relationship with a title examiner or two, and now might be a good time to start. They can help you find what is out there, and if it takes them a couple of minutes, they won't charge. 

 

You also might want to talk to the adjoining neighbors, or have your client do it, to find out what they are thinking. This all seems a little aggressive on their part, unless they have an attorney, but "a little aggressive" describes much of the behavior around adverse possession cases, unfortunately. 

 

The second thing I have to do in every adverse possession case, no matter what, is to trace title on both sides of the line all the way back, and then get interviews with the former owners, their children, everyone on either side of the line. Who built the former fence, why was it built there, what was the historical occupation, and so on. What you want to find if the survey does not help you is evidence of the elements of adverse possession, and the sooner you talk to everyone who has been there, historically, and get their statements down and in writing and signed, the better. One of the ways to defeat adverse possession is permissive use, and another is neighborly acquiescence, so you have to research those doctrines and know what you are looking for when you interview witnesses. Your 20-year occupation is certainly a good start, but the law about the tacking of various elements of adverse possession is complicated 

 

Of course, if you find the answers with the former occupants on both sides of the line, you can probably stop there and not go back to the 1960s and 70s ownerships. 

 

That will get you started. You may also want to explore historical aerial photography, or other evidences of occupation over time.

 

Also, you may want to look at RCW 4.24.630, the triple damages statute for damage to real property. If your client owns it outright, which a survey can show; or even if he owns it by virtue of adverse possession; this doctrine can elevate your case into a very difficult challenge for the other side.

 

For good general information, Washington Practice has a whole section devoted to adverse possession. 

 

Finally, once you get your basic understandings, you might want to send your client to mediation with the local DRC. Lots cheaper, perhaps not as good at protecting all legal rights, but if your client can find something to agree with to resolve the problem that he can live with, maybe better for him in the long run. 

 

Good luck.

 

Rob

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
236 West Birch Street 
Shelton, WA 98584 
360 426-2999

www.hossandwilson-hoss.com
rob at hctc.com

 

This message is intended solely for the use of the addressee and may contain information that is privileged, confidential, and exempt from disclosure under applicable law.  If you are not the addressee, you are hereby notified that any use, distribution, or copying of this message is strictly prohibited.  If you received this message in error, please notify us by reply e-mail or by telephone (call us collect at the number listed above) and immediately delete this message and any and all of its attachments.  Thank you.

 

This office does debt collection and this e-mail may be an attempt to collect a debt, Any information obtained will be used for that purpose.  To the extent the Federal Fair Debt Collection Practices Act (15 U.S.C. § 1692) applies this firm is acting as a debt collector for the condominium/homeowners' association named above to collect a debt owed to it. Any information obtained will be used for collection purposes. You have the right to seek advice of legal counsel.

 

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kristina devore
Sent: Monday, April 18, 2016 5:05 PM
To: WSBA Real Property Listserv
Subject: [WSBARP] boundary line - adverse possession issue

 

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

 

 

 

 

This email message is covered by the Electronic Communications Privacy Act, 19 USC Sections 2510-2521.  Unauthorized review or distribution of this email message is strictly prohibited.  This e-mail message is intended for the exclusive use of the person or persons to whom it is addressed.  This email message may contain information that is privileged and/or confidential. If you believe that you have received this message in error, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.  Do not disseminate this e-mail and destroy the original e-mail and any copies. If you have received this communication in error, please notify us immediately, and destroy the original message.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160419/f0fb138a/attachment.html>