[WSBARP] Adverse Possession

Fri Feb 7 16:06:23 PST 2020

If the 10 years ran prior to the acquisition of the two properties, then adverse possession is perfected at that time, especially if the two parcels were acquired at different times by the common owner. Gorman states the proposition as that once the 10 years runs, then adverse possession is perfected, and all that left to do is to confirm it by a quiet title action. Read that decision carefully. -Greg Ursich, Inslee Best

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On Feb 7, 2020, at 3:54 PM, Terrance Wilson <Twilson at wilsonlawgroupwa.com> wrote:

Isn't Gorman dealing with municipalities taking land subject to AP claims already in existence when the government acquires such land?  I understood the doctrine of merger to eliminate AP claims when adjoining properties are acquired by the same owner.  The 10 years would not therefore start again until there are actually adverse parties again.

Terrance Randall Wilson, Managing Partner

Attorney at Law

Wilson Law Group of WA

(206) 550-3189 - Cell

(206) 805-6238 - Office

________________________________
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> on behalf of Gregory L. Ursich <gursich at insleebest.com>
Sent: Friday, February 7, 2020 3:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Adverse Possession

Randy: Not quite; if 10 years had ran with the encroachment in place before common ownership, the adverse possession claim would likely survive. See, Gorman v. City 🌃 Woodinville, Wa Supreme Court. -Greg Ursich, Inslee Best

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On Feb 7, 2020, at 3:08 PM, Randy Boyer <randyedlynlaw at gmail.com> wrote:

 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.
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