[WSBARP] Subject: Property Acquired by Adverse Possession - Calculating Property Tax to be Reimbursed
Roger Hawkes
roger at skyvalleylawyers.com
Thu Aug 24 16:40:09 PDT 2023
My experience has been that the calculation of taxes paid for an ordinary encroachment is just too small to bother with.
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, August 24, 2023 12:59 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Subject: Property Acquired by Adverse Possession - Calculating Property Tax to be Reimbursed
No, that’s a good idea; I just needed a starting point. I assume, that you are right, that the amount is so small the attorney is trying to justify a higher number for her client’s sake. Not that I would agree to such a higher number. Thanks
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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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 Carmen Rowe
Sent: Thursday, August 24, 2023 12:44 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Subject: Property Acquired by Adverse Possession - Calculating Property Tax to be Reimbursed
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
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Today's Topics:
1. Property Acquired by Adverse Possession - Calculating
Property Tax to be Reimbursed (Jeff at bellanddavispllc.com<mailto: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<mailto:Jeff at bellanddavispllc.com>>
To: "'WSBA Real Property Listserv'" <wsbarp at lists.wsbarppt.com<mailto: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<http://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<mailto:jeff at bellanddavispllc.com>> jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com<http://www.bellanddavispllc.com>
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Message: 2
Date: Thu, 24 Aug 2023 17:09:45 +0000
From: Mark Anderson <marka at mbaesq.com<mailto:marka at mbaesq.com>>
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Property Acquired by Adverse Possession -
Calculating Property Tax to be Reimbursed
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<MW2PR12MB23797F403250BC707A20E917C81DA at MW2PR12MB2379.namprd12.prod.outlook.com<mailto:MW2PR12MB23797F403250BC707A20E917C81DA at MW2PR12MB2379.namprd12.prod.outlook.com>>
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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><mailto:marka at mbaesq.com<mailto:marka at mbaesq.com>>
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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 Jeff at bellanddavispllc.com<mailto:Jeff at bellanddavispllc.com>
Sent: 08/24/2023 9:39 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto: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><mailto:jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>>
www.bellanddavispllc.com<http://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><mailto:info at bellanddavispllc.com<mailto:info at bellanddavispllc.com>> or call 360.683.1129.
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