[WSBARP] Property Acquired by Adverse Possession - Calculating Property Tax to be Reimbursed

[Mark Anderson]

That would seem to be the logical approach, so long as the property taxes for neighbor's property were based on the location of the old property line in the first place.

Also, because neighbor bought their property in October 2021, they were only responsible to pay for roughly half of the second half taxes for that year.  Depending on how close to the end of October they closed on their purchase, they may or may not have paid the second half taxes in full after their obligation to do so was adjusted at closing.  So instead of relying on what taxes were paid by neighbor and having to prorate anything based on information from a closing settlement statement, I recommend you figure out what the tax obligation was for the period beginning when neighbor closed on their property and the date of the boundary line agreement and then apply the percentage to that number.

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: 08/24/2023 9:39 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Property Acquired by Adverse Possession - Calculating Property Tax to be Reimbursed

Listmates:

Clients neighbors agreed to a boundary line agreement moving the property line based upon an old fence.  Neighbors purchased their property in October, 2021.  We have been waiting for their calculation of how much of the property taxes they paid, since purchase, the client should reimburse.  This is not a straight fence, so the north point is almost on the original line but going south, the line wanders over more into the neighbor's old property line.  I am sure the surveyor can calculate the amount of land being conveyed to client as a percent of the total originally owned by neighbor.  Do you just apply that percent to the property taxes paid by neighbor for 2021 - 2023?

Jeff

W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
www.bellanddavispllc.com<http://www.bellanddavispllc.com/>

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