[WSBARP] WSBARP Digest, Vol 83, Issue 8

Tue Aug 10 17:11:10 PDT 2021

I’ve got a Client in that situation right now.  The recorded easement defeats the “non-permissive” element of adverse possession.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
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www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Stephen Whitehouse
Sent: Tuesday, August 10, 2021 1:45 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] WSBARP Digest, Vol 83, Issue 8

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<mailto:swhite8893 at aol.com>

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Subject: WSBARP Digest, Vol 83, Issue 8
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Today's Topics:

  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<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 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>
Mobile:  360-643-3990<tel:360-643-3990>

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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