[WSBARP] Adverse Possession

[Kathleen Hopkins]

Further on your original comment, you can tack on prior owners use, so long as it is 10 years open (aka notorious), continuous, adverse (aka hostile).  Note there is a defense of neighborly sufferance to consider, see Gamboa v Clark 183 Wn2d 38 (2015) for discussion of that defense to "adverse/hostile. "

Kathleen J. Hopkins 
Real Property Law Group, PLLC 
1326 Fifth Avenue, Suite 654 
Seattle, WA 98101 
Phone & Fax: (206) 625-0404 
email: khopkins at rp-lawgroup.com 
www.rp-lawgroup.com 

  
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-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Christopher Thayer
Sent: Monday, February 20, 2017 3:08 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Adverse Possession

It is 10 years.  The tax paying 7 year provision only applies when you have  "color of title" to the disputed property.

Sincerely,

Chris Thayer
PIVOTAL LAW GROUP, PLLC
www.PivotalLawGroup.com<http://www.PivotalLawGroup.com>
206.340.2008
Sent from my iPhone



On Feb 20, 2017, at 2:17 PM, Scott Hildebrand <scott at starboard-strategies.com<mailto:scott at starboard-strategies.com>> wrote:

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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