[WSBARP] Adverse Possession Claim?

[Douglas Scott]

Since both neighbors agreed upon the location of the concrete partition
wall, the doctrine of mutual recognition and acquiescence for adverse
possession comes into play.  It is similar to one of them constructing a
fence on what they believed was the boundary line and it stood for over 10
years.  Seems like adverse possession to me. But how do you adversely
possess one foot of a garage?
*DOUGLAS W. SCOTT*
Rainier Legal Advocates|LLC

465 Rainier Blvd. N., Suite C
Issaquah, Washington 98027
425.392.8550 (tel)
425.392.2829 (fax)



www.rainieradvocates.com


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On Tue, Apr 27, 2021 at 11:26 AM Samuel M. Meyler <samuel at meylerlegal.com>
wrote:

> 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
>
>
>
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