[WSBARP] Vesting Effect of Adverse Possession

Paul Neumiller pneumiller at hotmail.com
Thu Jun 26 17:24:52 PDT 2025


"The new title holder need not file suit to perfect his or her interest."  That may be true but few, if any, title companies are going to issue title insurance on the real property until a court blesses that adverse possession.
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rod Harmon
Sent: Thursday, June 26, 2025 4:34 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Vesting Effect of Adverse Possession

Mark:

"However, title automatically vests in an adverse possession claimant when the requirements of adverse possession have been satisfied for 10 years. Gorman v. City of Woodinville, 175 Wash.2d 68, 72, 283 P.3d 1082 (2012). The new title holder need not file suit to perfect his or her interest. Gorman, 175 Wash.2d at 74, 283 P.3d 1082. As we ruled above, the Ofuasias satisfied the adverse possession requirements by 2013. Therefore, they had title to the disputed property when Smurr removed the fence."
Ofuasia v. Smurr, 198 Wash. App. 133, ¶41  (2017)


Rod Harmon

RODNEY T. HARMON
       Attorney at Law
         P.O. Box 1066
      Bothell, WA   98041
     Tel:   (425) 402-7800
     Fax:  (425) 458-9096
    www.rodharmon.com<http://www.rodharmon.com/>
   rodharmon at msn.com<mailto:rodharmon at msn.com>

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 Mark Anderson
Sent: Thursday, June 26, 2025 4:11 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Vesting Effect of Adverse Possession

I understand that, if all the elements of adverse possession have been met for a period of 10 years or greater, title to the subject property automatically vests in the adverse possessor (and without the need for a deed).  Do any of you have briefing or a cite that discusses this?
Thanks to you all.
Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock Street, Suite 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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