[WSBARP] adverse possession- Re: WSBARP Digest, Vol 138, Issue 5

[Andrekita Silva]

Law Office of F. Andrekita Silva
______________________________________________________________________________________________________________________________

March 12, 2026

Paul,

I believe this situation would be covered by the injunction statute, RCW 
7.40. In party A's motion, they would need to show that they would be 
entitled to the relief sought in their Petition/ Complaint (I assume 
real property disputes are covered by this civil statute?). Depending on 
how brief the complaint is, they can submit additional evidence, like a 
boundary survey, to support their motion/request.

But, RCW 7.40.080 also indicates that before issuing the restraints, 
Party A would have to post a bond to compensate Party B for any damages 
suffered as a result of those restraining order. I assume Party A's real 
property could be used to secure any bond ordered.

Andrekita Silva
Law Office of F. Andrekita Silva
1325 Fourth Avenue, Suite 940
Seattle, Washington 98101-2509
206-224-8288
ak at seattle-silvalaw.com

On 2026/03/12 12:00 PM, wsbarp-request at lists.wsbarppt.com wrote:

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> 9. adverse possession; bond (paul at walchenbachlaw.com)

> ------------------------------
> 
> Message: 9
> Date: Wed, 11 Mar 2026 16:57:34 -0700
> From: "paul at walchenbachlaw.com" <paul at walchenbachlaw.com>
> To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
> Subject: [WSBARP] adverse possession; bond
> Message-ID: <165F5D7C-7A53-4F5A-B580-C5F32955644A at walchenbachlaw.com>
> Content-Type: text/plain; charset="utf-8"
> 
> in an adverse possession matter between neighbors, where party A claims 
> 10? of party B?s real property, and party B is in the process of trying 
> to develop/clear/improve the lot for building and eventual sale ?
> 
> would it be appropriate for party A to bring a motion seeking to 
> restrain Party B from further development pending resolution of the 
> adverse possession claim?  and
> 
> would it be appropriate for party B to request that party A secure a 
> bond insuring against damages party B might incur as a result of party 
> A?s restraining order?
> 
> thank you for any guidance you may have to offer.
> 
> paul
> 
> Walchenbach Law
> 
> Walchenbach Law PLLC
> Paul Walchenbach
> 206 948 7095 - direct
> paul at walchenbachlaw.com
> 
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