[WSBARP] Adverse Possession

[Scott Hildebrand]

Dearest Real Property Gurus

I have a client who has acquired property and there is property separated by
a fence that can be claimed via adverse possession. My client has only had
the property for a while, but claims they can tack on the previous owners
use for more than seven years.

 

Help me with some statutory interpretation if you are willing:

7.28.050 seems to be the standard definition of adverse possession.

7.28.070 requires an adverse possessor to have used the land and paid taxes.

 

I get the reimbursement for taxes if paid by the adverse party and the
attorney fees provision, but does the non-payment of taxes make my client's
case that much less defensible? Is it likely to be tossed for lack of
stating a claim under the law?

 

If someone could shed some light on this, I would appreciate it.

 

Best,

Scott Hildebrand

Attorney at Law

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