[WSBARP] Quiet Title - "Actual Possession" Where Possessor's Use IsUnlawful
Tom J. Westbrook
tjw at w3net.net
Fri Sep 30 18:24:46 PDT 2016
David, I don’t have that case right this moment, but I think the issue is can you claim adverse possession from committing waste upon the property of another? I don’t think so.
Regards, Tom
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 IsUnlawful
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
*** NOTICE: ATTORNEY CLIENT COMMUNICATION - PRIVILEGED & CONFIDENTIAL. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this communication in error, and destroy the copy you received.***
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbarp/attachments/20160930/e0fadc7f/attachment.html>
More information about the WSBARP
mailing list