[WSBARP] neighborly accommodation and adverse possession

[Rob Wilson-Hoss]

New case, on first read, seems to graft the prescriptive easement doctrine
of neighborly accommodation leading to a presumption of permission, to
adverse possession cases. Unpub Div 3, Jacobs v. Roberts:

 

However, the failure to address the presumption of permissive use also
infected the adverse possession claim. Consent is fatal to the hostility
element of adverse possession. E.g., Chaplin, 100 Wn.2d at 861-862. How the
evidence relating to neighborly accommodation played out in the other causes
of action, if it even was considered, is unclear.

 

 

Robert D. Wilson-Hoss 
Hoss & Wilson-Hoss, LLP 
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