[WSBARP] Adverse Possession Claim?

[Samuel M. Meyler]

Listmates,

 

PC has a not-so-friendly neighbor and they have a shared garage that
straddles their property line.  The properties previously had common
ownership and were subdivided.  The interior of the garage was previously
open but there were/are separate garage doors for each owner's "side."  Over
ten years ago, the not-so-friendly neighbor built wall in the garage where
he thought the boundary was, poured a concrete floor on his side of the wall
and removed some electrical outlets from PC's side of the garage that were
wired from the neighbor's side.  

 

Recently PC had a fence installed on the property line and the survey showed
that the neighbor constructed the interior wall of the garage approximately
one foot into his own property, giving PC an extra foot of space in PC's
part of the garage.  The wall and concrete floor have stood unaltered and
each party used their respective sides as their own for over a decade.
Neighbor is now threatening to tear down the wall and rebuild on the
surveyed property line.  

 

Ultimately, we are probably talking about 15 square feet of space in the
garage and I am hoping that the parties will be pragmatic about the
situation, but we all know how neighborly disputes can get.

 

What are your views on an adverse possession claim with this set of facts?
Alternatively theories?  TIA

 

Sam

 

 

Samuel M. Meyler

Meyler Legal, PLLC 

1700 Westlake Ave. N., Ste. 200

Seattle, Washington 98109

Tel:  206.876.7770

Fax:  206.876.7771

Email:   <mailto:samuel at meylerlegal.com> samuel at meylerlegal.com

  

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