[WSBARP] Adverse Possession

[Randy Boyer]

Listmates

I am dealing with two adjacent parcels.  For many years they were owned by different people.  Until recently there was no knowledge of an encroachment of a yard area.  When one of the parcel owners died, the other owner purchased that property (that encroached).  The two parcels were owned by the same owner for 4 years.  Then that owner sold each of the parcels in the same year to different parties. 

One of the new owners claims adverse possession for the yard area encroachment.  It seems to me that when both lots were owned by one owner the adverse possession claim could no longer be asserted.  New owner has only owned for 5 years.  Both parcels were sold with Warranty Deeds.

Has anyone run across this?  I have not found any cases yet.

Randy
Randy M. Boyer                                                 ______
Attorney, WSBA# 8665
Law Office of Randy M. Boyer, Inc. P.S. 
7017 196th St. S.W.  Lynnwood, Washington 98036
( 425.712.3107|   Fax 425.778.2274
mail to: randyedlynlaw at gmail.com <mailto:randyedlynlaw at gmail.com>
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