[WSBARP] Subject: Property Acquired by Adverse Possession - Calculating Property Tax to be Reimbursed
Carmen Rowe
carmen at gryphonlawgroup.com
Thu Aug 24 12:44:04 PDT 2023
And honestly ... on a purely practical note (respecting that it's a good
and interesting question to know the answer to):
I am guessing the amount of taxes for such a small period of time, and what
is likely a very small percentage of land (especially if one point is in
the same place) - remembering you're only looking at the value of the land,
not with improvements etc. - are minimal compared to the attorney
time/surveyor time that would be taken up in any "official" evaluations.
I'd see if you can't just "eye-ball" a rough approximate fair number, round
up, and offer that in lieu of everyone paying professional
(lawyer/surveyor) fees to debate it.
I hope that did not come off as being critical of your working through the
parameters of such a calculation - just as a practical bit of advice that
has typically worked well for me in the past.
Carmen Rowe
Phone: (360) 669-3576 (direct cell)
Email: Carmen at GryphonLawGroup.com
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On Thu, Aug 24, 2023 at 12:00 PM <wsbarp-request at lists.wsbarppt.com> wrote:
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> Today's Topics:
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> 1. Property Acquired by Adverse Possession - Calculating
> Property Tax to be Reimbursed (Jeff at bellanddavispllc.com)
> 2. Re: Property Acquired by Adverse Possession - Calculating
> Property Tax to be Reimbursed (Mark Anderson)
>
>
> ----------------------------------------------------------------------
>
> Message: 1
> Date: Thu, 24 Aug 2023 09:38:37 -0700
> From: <Jeff at bellanddavispllc.com>
> To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] Property Acquired by Adverse Possession -
> Calculating Property Tax to be Reimbursed
> Message-ID: <006101d9d6a9$6effb850$4cff28f0$@bellanddavispllc.com>
> Content-Type: text/plain; charset="us-ascii"
>
> 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: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
> <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
>
> The information contained in this e-mail message may be privileged,
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> error, please e-mail the sender at <mailto:info at bellanddavispllc.com>
> info at bellanddavispllc.com or call 360.683.1129.
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>
>
>
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> Message: 2
> Date: Thu, 24 Aug 2023 17:09:45 +0000
> From: Mark Anderson <marka at mbaesq.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: Re: [WSBARP] Property Acquired by Adverse Possession -
> Calculating Property Tax to be Reimbursed
> Message-ID:
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>
> 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)
> marka at mbaesq.com<mailto:marka at mbaesq.com>
> 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 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/>
>
> The information contained in this e-mail message may be privileged,
> confidential, and protected from disclosure. If you are not the intended
> recipient, any dissemination, distribution, or copying is strictly
> prohibited. If you think that you have received this e-mail message in
> error, please e-mail the sender at info at bellanddavispllc.com<mailto:
> info at bellanddavispllc.com> or call 360.683.1129.
>
>
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