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Adverse Possession

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Nenena

Junior Member
What is the name of your state?What is the name of your state? WA

I have owned my Washington state home for 15 years since Oct 1990. When I purchased the home an existing fence on the east side of my property line and a marker pin in the street marking what I thought was the property line, also there were shrubs, trees and railroad ties making a clear property line. I have maintained and improved this property. On 3-1-2005 my neighbor had the property surveyed and found that the 30 year old fence is 2 1/2 feet onto his property. He now wants to move the fence line. I believe I have a great case for "Adverse Possession". But not sure if I should wait to be served by him or do a quite title?
 


BelizeBreeze

Senior Member
Nenena said:
What is the name of your state?What is the name of your state? WA

I have owned my Washington state home for 15 years since Oct 1990. When I purchased the home an existing fence on the east side of my property line and a marker pin in the street marking what I thought was the property line, also there were shrubs, trees and railroad ties making a clear property line. I have maintained and improved this property. On 3-1-2005 my neighbor had the property surveyed and found that the 30 year old fence is 2 1/2 feet onto his property. He now wants to move the fence line. I believe I have a great case for "Adverse Possession". But not sure if I should wait to be served by him or do a quite title?
Check the following statute and then answer the obvious question: Have you paid the taxes for the last 7 years on the property?

RCW 7.28.070
Adverse possession under claim and color of title -- Payment of taxes.
Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section.
[1893 c 11 § 3; RRS § 788.]


Look also to:

Conkey v. Anderson Farms, Inc., 205 Neb. 708, 289 N.W.2d 541 (1980);
McCain v. Cook, 184 Neb. 147, 165 N.W.2d 734 (1969)

for examples of higher court rulings.
 

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