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

[Christy M]

Just a thought but I would think that he would have trouble with the "exclusive" portion of the test as well. How is he going to prove that all of that garbage is only his? Other people could easily be dumping there as well.


________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of scott scottgthomaslaw.com <scott at scottgthomaslaw.com>
Sent: Monday, October 3, 2016 5:30 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Quiet Title - "Actual Possession" Where Possessor's Use Is Unlawful


Perhaps outside the scope of the thread, but if somebody has been dumping junk cars in a ravine for at least 10 years I might be inclined to tell the adverse possessor to go ahead and take the property, and be sure to clean up all of the gasoline, oil, antifreeze, and everything else out of that haz-mat site.

On October 3, 2016 at 5:03 PM "John M. Riley III" <JMR at witherspoonkelley.com> wrote:


David:



I recall the case.   Not an AP case.  McMillian, 161 Wn App 581.



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: Monday, October 03, 2016 4:32 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Quiet Title - "Actual Possession" Where Possessor's Use Is Unlawful



Thank you all. Yes, John, exactly! I, too, cannot recall the case. I'm going to dig a bit deeper. A lot of great ideas floating around in this thread, though. I have a few proverbial rounds for my bandolier with this one, both in equity and in law. Love it!


Best,

David J. Faber

Faber Feinson PLLC

210 Polk Street, Suite 1

Port Townsend, WA 98368
(360) 379-4110



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On Mon, Oct 3, 2016 at 2:05 PM, John M. Riley III <JMR at witherspoonkelley.com<mailto:JMR at witherspoonkelley.com>> wrote:

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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422 W. Riverside Ave, Suite 1100
Spokane, WA 99201
(509) 624-5265 (office)
(509) 458-2728 (fax)
witherspoonkelley.com<http://witherspoonkelley.com>


Confidentiality Notice: The information contained in this email and any accompanying attachment(s) is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient, unauthorized use, disclosure or copying is strictly prohibited, and may be unlawful. If you have received this communication in error, please immediately notify the sender by return email, and delete the original message and all copies from your system. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> [mailto: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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