[WSBARP] Quiet Title - "Actual Possession" Where Possessor's Use Is Unlawful

[Paul]

I would love to see that case if it exists.  In all of the elements for adverse possession that I have seen (open, notorious, continuous, etc.) I’ve never  seen the element “and the adverse possessors use must be lawful.”  Maybe it hasn’t come up because no adverse possessor wants to admit to an unlawful use?

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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of David Faber
Sent: Friday, September 30, 2016 4:35 PM
To: wsbarp <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Quiet Title - "Actual Possession" Where Possessor's Use Is Unlawful

PC has been threatened with a quiet title action by the owner of a vacant/unimproved lot neighboring PC's property. The neighbor has been using a portion of PC's property to dump garbage/junk/broken down vehicles/etc for decades. The issue I am wrestling with is whether a person can claim that they had "actual possession" of a disputed portion of property when their use of the property was technically unlawful (local zoning disallows use of vacant land as a junkyard, and neighbor is now being threatened by city with daily fines for violating solid waste disposal requirements)? I recall seeing a case that stood for the proposition that one cannot claim adverse possession through unlawful use, but I cannot seem to find that case. Does this ring a bell with anyone else or does anyone have any thoughts on this?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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