[WSBARP] Payment of Property Taxes During Adverse Possession Suit

[David Faber]

List:

I represent a client who is being sued for adverse possession. In my
client's answer, we admitted the conditions for adverse possession had been
met and the only outstanding issues are (1) the legal description and
precise scope of the area claimed  and (2) the reimbursement of property
taxes under 7.28.083. The problem is that the estate appears insolvent and
has gone radio silent since we filed our answer. Then, today, my client
received his property tax bill. He understandably does not want to pay
taxes on the portion that will eventually go to the plaintiff, and is
concerned about reimbursement for amounts paid after the date the lawsuit
was filed due to the apparent insolvency issue. Any advice? Make partial
payment on only the portions of land retained and leave the county to seek
payment on the delinquency from the plaintiff? Make payment under protest
re: 84.68.020, even though that does not appear apposite to the situation
at hand? All thoughts appreciated.

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

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