[WSBARP] Defeating Prospective Adverse Possession Claim

Tue Jun 20 16:29:35 PDT 2023

If your client builds a new fence on the legal boundary, then they are all
good. If no fence remains, then conceivably the AP claim would survive
(e.g. do the neighbors continue to garden up to the old fence line?) and,
in another year, be perfected.

Gulp. I think. Right, Dwight? :-)

Craig
Craig Blackmon, Attorney at Law
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On Tue, Jun 20, 2023 at 4:17 PM Mark Anderson <marka at mbaesq.com> wrote:

> That is my question.
>
>
>
>
> *Mark B. Anderson *ANDERSON LAW FIRM PLLC
> 821 Dock St  Ste 209  PMB 4-12
> Tacoma, Washington 98402
> +1 253-327-1750
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> marka at mbaesq.com
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Bryce Dille
> *Sent:* 06/20/2023 2:35 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Defeating Prospective Adverse Possession Claim
>
>
>
> Can you go to the neighbor and say I see your fence is on my property and
> you now have my permission to use it until I revoke permission. Will that
> stop the time of adverse use to now 9 years?
>
>
>
> Bryce H. Dille
>
> Dille Law, PLLC
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> 2010 Caton Way SW Ste. 101
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> *From:* wsbarp-bounces at lists.wsbarppt.com <
> wsbarp-bounces at lists.wsbarppt.com> *On Behalf Of *Roger Hawkes
> *Sent:* Tuesday, June 20, 2023 2:25 PM
> *To:* WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> *Subject:* Re: [WSBARP] Defeating Prospective Adverse Possession Claim
>
>
>
> 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
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> 1403 S. Grand Blvd., Suite 201-S
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> Spokane, WA 99203-2278
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> 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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