[WSBARP] Question about Quiet Title action

[Rick Hoss]

Scott -Few facts provided but some general ideas apply.

Neighbor has to prove possession like a true owner, in a manner that is open
and notorious, hostile and exclusive, continuous, actual and uninterrupted
for 10 years.

Each element is an opportunity for a defense.

The uninterrupted and continuous elements are different in the wilderness -
see ITT Rayonier v. Bell, 112 Wash.2d 754 - possession must be of such a
character as a true owner would make considering the nature and location of
the land.

Also consider if your client's seller gave a SWD that included the strip -
there may be a tender of defense or claim for breach of the SWD to the
seller.

Interrupting use is frequently used if possession is close to the 10 year
period, but client runs the risk of a trespass and damage to land claim if a
court determines the neighbor already has legal title to the land.

Putting a gate in the fence and regularly walking or using the land can
defeat the exclusivity element - if less than 10 years.

Your client has assumptions about where his record boundaries are, but a
surveyor may have a different idea.

If the fence is on your client's land, the proper action would be trespass
and not quiet title - client already has record title - plus injunction.

You say all neighbor has done is clear up to a fence - that is often enough
if possession was for 10 years.

These are fact driven cases. The cost to pursue a claim given a vigorous
defense can encourage settlement. 

From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Scott Hildebrand
Sent: Thursday, January 26, 2017 8:21 AM
To: 'WSBA Real Property Listserv'
Subject: [WSBARP] Question about Quiet Title action

 

All

I am hoping there is a boundary line guru out there who can provide some
guidance on this one:

 

PC has acreage that is abutted by a neighbor who has stated their right to a
portion of his land via adverse possession. The claim stems from a fence
that is on the interior of PC's property. PC has asserted their rights in
writing in response to the verbal claim.

Opposition has done nothing to assert their rights except to clear some
brush. This is remote wilderness land and PC wants to assure that opposition
can't take via adverse possession.

Does PC need to file a quiet title action, perhaps an injunction? Or, since
the AP claim has never been reduced to anything other than a verbal
assertion, should PC just let it go until the opposition files a quiet
title?

 

Thanks,

Scott Hildebrand

Attorney at Law

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