[WSBARP] Defeating Prospective Adverse Possession Claim

[Roger Hawkes]

Or sell it to the ‘eyes open’ buyer and let buyer deal with the issue.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Britt, Christopher
Sent: Tuesday, June 20, 2023 2:08 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Defeating Prospective Adverse Possession Claim

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
[https://ci3.googleusercontent.com/mail-sig/AIorK4wMRe_ukoUDSfEk1B9GOtzEv1ZmETJ5W4aT8G-i1q6fL7AkhPL9-7Q-uOEqpeS39zB_6R0N47HVfeKJTfKSM6im7XYlsivfchznVeSWqQ]
1403 S. Grand Blvd., Suite 201-S
Spokane, WA 99203-2278

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On Tue, Jun 20, 2023 at 2:00 PM Mark Anderson <marka at mbaesq.com<mailto: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<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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