[WSBARP] Question about Quiet Title action

[Richard Holland]

Well, I don't know what PC put in his 'written opposition' and the earlier post about expense and fact driven cases is completely accurate.  He could try and short circuit it by offering the neighbor a permissive license to use the space or even an easement that does NOT run with the land.  These do not 'fix' the underlying claim if the neighbor is intent on pursuing quiet title but if it is an area the PC would not really otherwise care about it could satisfy both parties for now without litigation.  Trespass and an injunction by PC or erecting a fence on the 'true' line will absolutely lead to escalation.  But, again, these are really fact intensive and it's "about the principal of the thing" in most cases until they start getting bills from your office.

Sincerely,

Richard L. Holland

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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' <wsbarp at lists.wsbarppt.com>
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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