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

[David Faber]

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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