[WSBARP] Adverse Possession Claim?

[Inge Fordham]

It sounds as though the elements of adverse possession may have been satisfied for the requisite 10 year period.  That said, the process of having the property line revised and claiming the adversely possessed area is likely not worth the cost of the disputed area.  I have found that adverse possession cases are highly fact-specific and judges are reluctant to grant summary judgment, even under what you might think are the clearest of circumstances.  As a result, the parties end up spending tens of thousands of dollars to litigate, go through discovery, and typically settle in mediation.  I would encourage the PC to try and work with his neighbor to reach a resolution.  Maybe PC will be more inclined to cooperate if the neighbor bears the cost of making the modifications and re-installs the electrical outlets?


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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From: <wsbarp-bounces at lists.wsbarppt.com> on behalf of "Samuel M. Meyler" <samuel at meylerlegal.com>
Reply-To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Date: Tuesday, April 27, 2021 at 11:27 AM
To: "wsbarp at lists.wsbarppt.com" <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Adverse Possession Claim?

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

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