[WSBARP] Adverse Possesion - When title owner becomes adverse/hostile
Ryan P. Coon
cole-gilday at stanwoodlaw.net
Tue Aug 10 14:41:06 PDT 2021
Steve, that's been my impression as well, doubtful anyone has attempted
to make the argument on appeal because the argument not only
misunderstands the very basics of the doctrine of adverse possession,
but it would also serve to upend a great deal of our real property
system. It seems to me that if one could simply tack on time in which
they owned the property outright to their 10-year adverse possession
period, then we would be faced and a variety of absurd and untenable
outcomes. For instance, anyone could purchase a property, live on or
make use of the property for at least 10 years, then sell the house to a
third party and then after possessing the property for a few days
post-closing turn around a sue the purchaser for adverse possession.
Then rinse and repeat.
I do think I've got a few good angles to take on this now so thank you
to everyone for your insights.
Very Truly Yours,
Ryan P. Coon
Law Office of Cole & Gilday, P.C.
//
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Stanwood, WA 98292
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On 8/10/2021 1:44 PM, Stephen Whitehouse wrote:
> Ryan,
> You probably won't find a case directly on point because no one
> has been dumb enough to raise the issue.
> Where you might find a case, and some good language, is where
> someone has an easement but then later claims adverse possession.
>
> Steve
>
> Stephen Whitehouse
> Whitehouse & Nichols, LLP
> P.O. Box 1273
> 601 W. Railroad Ave.
> Shelton, Wa. 98584
> 360-426-5885
> swhite8893 at aol.com
>
>
>
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> Subject: WSBARP Digest, Vol 83, Issue 8
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> 1. Re: Adverse Possesion - When title owner becomes
> adverse/hostile (Nestor Gorfinkel)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Tue, 10 Aug 2021 19:33:38 +0000
> From: Nestor Gorfinkel <esq at gorfinkel-law.com
> <mailto:esq at gorfinkel-law.com>>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
> <mailto:wsbarp at lists.wsbarppt.com>>,
> "cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net>"
> <cole-gilday at stanwoodlaw.net <mailto:cole-gilday at stanwoodlaw.net>>
> Subject: Re: [WSBARP] Adverse Possesion - When title owner
> becomes
> adverse/hostile
> Message-ID:
>
> <CH0PR08MB733954F16D5994E71E36AD0AFCF79 at CH0PR08MB7339.namprd08.prod.outlook.com
> <mailto:CH0PR08MB733954F16D5994E71E36AD0AFCF79 at CH0PR08MB7339.namprd08.prod.outlook.com>>
>
> Content-Type: text/plain; charset="utf-8"
>
> Reminds of the person who murdered his parents and asked the court for
> mercy because he was an orphan.
>
>
> Nestor Gorfinkel, Attorney at Law
> Licensed in Florida & Washington State
> Florida Civil-Law (International) Notary
>
> [cid:image001.jpg at 01D78DFD.15B0CE70
> <mailto:image001.jpg at 01D78DFD.15B0CE70>]
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> From: wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com>
> <wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Kate Love
> Sent: Tuesday, August 10, 2021 2:34 PM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
> <mailto:wsbarp at lists.wsbarppt.com>>; cole-gilday at stanwoodlaw.net
> <mailto:cole-gilday at stanwoodlaw.net>
> Subject: Re: [WSBARP] Adverse Possesion - When title owner becomes
> adverse/hostile
>
> Thank you all for the comic relief, we are having a good laugh over
> here.. ?
>
>
> From: wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com>>
> <wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com>>> On Behalf Of Stephen Brandli
> Sent: Tuesday, August 10, 2021 11:00 AM
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
> <mailto:wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com
> <mailto:wsbarp at lists.wsbarppt.com>>>; cole-gilday at stanwoodlaw.net
> <mailto:cole-gilday at stanwoodlaw.net><mailto:cole-gilday at stanwoodlaw.net
> <mailto:cole-gilday at stanwoodlaw.net>>
> Subject: Re: [WSBARP] Adverse Possesion - When title owner becomes
> adverse/hostile
>
> Adverse possession is really a claim regarding the statute of
> limitations. The defendant, and his predecessors in interest
> (tacking), which in this case includes the plaintiff, has to have had
> a cause of action for the last 10 years. Obviously, a person does not
> have a cause of action to eject himself.
>
> Steve
>
> From: wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com
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> <mailto:wsbarp-bounces at lists.wsbarppt.com><mailto:wsbarp-bounces at lists.wsbarppt.com
> <mailto:wsbarp-bounces at lists.wsbarppt.com>>> On Behalf Of Teague Pasco
> Sent: Monday, August 9, 2021 9:47 PM
> To: cole-gilday at stanwoodlaw.net
> <mailto:cole-gilday at stanwoodlaw.net><mailto:cole-gilday at stanwoodlaw.net
> <mailto:cole-gilday at stanwoodlaw.net>>; WSBA Real Property Listserv
> <wsbarp at lists.wsbarppt.com
> <mailto:wsbarp at lists.wsbarppt.com><mailto:wsbarp at lists.wsbarppt.com
> <mailto:wsbarp at lists.wsbarppt.com>>>
> Subject: Re: [WSBARP] Adverse Possesion - When title owner becomes
> adverse/hostile
>
> 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
> <mailto:pasco at pasco-law.com><mailto:pasco at pasco-law.com
> <mailto:pasco at pasco-law.com>>
> Land: 360-975-3387<tel:360-975-3387>
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>
>
> On Mon, Aug 9, 2021 at 4:09 PM Ryan P. Coon
> <cole-gilday at stanwoodlaw.net
> <mailto:cole-gilday at stanwoodlaw.net><mailto:cole-gilday at stanwoodlaw.net
> <mailto: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
> (360) 629-2900 (Telephone)
> (360) 629-0220 (Fax)
>
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