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

[John M. Riley III]

There is a case.  Involves as I vaguely recall a use that violated the zoning code and was not a nonconfoming use.  Darn, I can't recall the case name yet.

John Riley


John M. Riley III
Principal | Witherspoon • Kelley
JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com> | vCard<http://www.witherspoonkelley.com/s/jmr.vcf>

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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
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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