[WSBARP] Adverse Possession

[Roger Hawkes]

Scott: adverse possessor need not have prior paid the taxes.  That fact would be extremely rare.  It may be the adverse possessor has to reimburse the 'title owner' for taxes paid.  But that is different.  And yes, prior adverse possessor time is tacked on, providing all other elements are met.

Roger Hawkes, WSBA 5173
19909 Ballinger Way NE
Shoreline, WA 98155
www.hawkeslawfirm.com<http://www.hawkeslawfirm.com/>
206 367 5000 voice
206 367 4005  fax

From: Scott Hildebrand [mailto:scott at starboard-strategies.com]
Sent: Monday, February 20, 2017 2:07 PM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Adverse Possession

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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