[WSBARP] Adverse Possesion - When title owner becomes adverse/hostile
Ryan P. Coon
cole-gilday at stanwoodlaw.net
Mon Aug 9 16:02:33 PDT 2021
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.
//
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Stanwood, WA 98292
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