[WSBARP] Defeating Prospective Adverse Possession Claim

[Britt, Christopher]

To be clear, it takes 10 years to adversely possess the property unless
taxes have been paid by the possessor (then the time frame drops to 7).  I
would revoke permission asap, based upon the information provided.


Christopher G. Britt, M.A., J.D.

Attorney at Law

1403 S. Grand Blvd., Suite 201-S

Spokane, WA 99203-2278


P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)

E: *christopher at lucentlaw.com <christopher at lucentlaw.com>*

Web: www.lucentlaw.com


On Tue, Jun 20, 2023 at 2:00 PM Mark Anderson <marka at mbaesq.com> wrote:

> Dear Listmates:
>
> Client owns real property adjacent to real property owned by "Neighbor."
> Client and Neighbor do not get along.  Client reports that Neighbor has a
> fence that has encroached on Client's property for 9 years.  Client would
> like to avoid any future claim of adverse possession.  Client has agreed to
> sell the property to a third party.  The third party is aware of the
> encroachment and is willing to purchase the property subject to that
> encroachment.
>
> Will adverse possession be defeated if, at this point, Client grants
> permission for Neighbor to use the property as it is currently used?  I am
> contemplating either a recorded easement or a license for this purpose.
> And would Neighbor have to somehow "accept" this permission?
>
> Thanks in advance.
>
>
> *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
> www.mbaesq.com
>
>
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