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

[Teague Pasco]

My first inclination would be Black's dictionary - you can't adversely
possess against yourself, ownership negates any argument that possession is
hostile.
Teague Pasco
1214 S. 68th St.
Tacoma WA  98408
pasco at pasco-law.com
Land:  360-975-3387
Mobile:  360-643-3990



On Mon, Aug 9, 2021 at 4:09 PM Ryan P. Coon <cole-gilday at stanwoodlaw.net>
wrote:

> 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
>
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>
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