[WSBARP] Defeating Prospective Adverse Possession Claim

[Craig Blackmon]

No handy cite, I am pretty sure you cannot thrust permission upon someone.
Indeed, unrecognized permission is itself evidence of adverse use.
Permission requires acknowledgement by the adverse user. And yes, at that
point, you have the silver bullet.

I'd just file suit, though. Time is short.

Craig
Craig Blackmon, Attorney at Law
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On Tue, Jun 20, 2023 at 2:15 PM Britt, Christopher <
christopher at lucentlaw.com> wrote:

> 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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