[WSBARP] Adverse Possesion - When title owner becomes adverse/hostile

[Ryan P. Coon]

Listmates,

I currently have a case where I represent the Defendant (D) against an 
adverse possession claim brought by the Plaintiff (P) who is pro se but 
is somewhat sophisticated based on his long history with the property at 
issue. To summarize the somewhat long and complicated history, the P 
here purchased the property back in 2003, took out a number of loans 
secured by DOT's on the property, one of which was recorded in 2007. The 
property was eventually foreclosed due to nonpayment of the 2007 DOT and 
a Trustees deed recorded in 2017. P here fought the foreclosure in 
numerous actions both before and after the trustees deed but eventually 
lost all cases and appeals. D, my client, purchased the property in 2020 
knowing P was still on the property, and subsequently initiated eviction 
proceedings.

P's response to D's eviction proceedings was a separate action for 
adverse possession, which we're now in the process of defending. The 
absurdity is that P is trying to claim years prior to 2017 as part of 
the 10-year statutory period required for adverse possession. As he was 
the title owner up until the 2017 trustees deed, he has no legitimate 
claim that his possession prior to that was in any way "hostile." I 
assume any judge will take one look at this and recognize the absurdity 
of P's claims.

However, for whatever reason I have been unable to find any good 
case-law that is explicit on this point, perhaps because no one has 
dared to make the argument on appeal. Does anyone know of any good 
case-law, statutory provision(s), or other commentary that directly 
addresses the title owners inability to claim adverse possession during 
periods of the claimants clear title ownership of the property at issue? 
While I'm confident that most judges will see right through P's claims, 
I would like to provide clear legal precedent if possible. Thank you for 
any help that you can provide.


-- 

Very Truly Yours,

Ryan P. Coon

Law Office of Cole & Gilday, P.C.

//

10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)

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