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Adverse Possession continuous for 10 yrs including tenants?

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Washwo

Member
What is the name of your state (only U.S. law)? washington

I can prove 9.5 years of continuous years of notorious, hostile, open possession, of a small piece of land abutting mine that was in public ownership for nearly a century. The next door neighbor had the land vacated a year ago, then bought it, had his lot line adjusted to include this strip that I have been maintaining for 9.5 years.

The other .5 years is just before we purchased the property and the owner before me used it for a rental. His tenants continued using this property (as it had been used for 60 years) as garden space, mowing, composting, parking, etc. and so have we ever since we bought it 9.5 years ago. I am taking him to court to get it back since i've always treated it as mine and it surrounds a dwelling of mine built 100 years ago.

Should I take him to court? Do the tenants of the last owner count in continuous possession..the owner was not living in the state. ??
I have aerial photos going back to 1965 where the clear line of the land is very obvious that it was part of my property's domain. What does CONTINUOUS mean in the court of law and do I qualify?
 


Mass_Shyster

Senior Member
What is the name of your state (only U.S. law)? washington

I can prove 9.5 years of continuous years of notorious, hostile, open possession, of a small piece of land abutting mine that was in public ownership for nearly a century. The next door neighbor had the land vacated a year ago, then bought it, had his lot line adjusted to include this strip that I have been maintaining for 9.5 years.

The other .5 years is just before we purchased the property and the owner before me used it for a rental. His tenants continued using this property (as it had been used for 60 years) as garden space, mowing, composting, parking, etc. and so have we ever since we bought it 9.5 years ago. I am taking him to court to get it back since i've always treated it as mine and it surrounds a dwelling of mine built 100 years ago.

Should I take him to court? Do the tenants of the last owner count in continuous possession..the owner was not living in the state. ??
I have aerial photos going back to 1965 where the clear line of the land is very obvious that it was part of my property's domain. What does CONTINUOUS mean in the court of law and do I qualify?
Washington Statute does not allow adverse possession against publicly owned land. It also appears you must have color of title and pay taxes on the land to acquire by adverse possession.

7.28.070 Adverse possession under claim and color of title -- Payment of taxes.
7.28.080 Color of title to vacant and unoccupied land.

RCW 7.28.070 and 7.28.080 shall not extend to lands or tenements owned by the United States or this state, nor to school lands, nor to lands held for any public purpose
 

ucf

Member
Additionally if you were a tenant with lease that usually will also prevent you from being able to claim adverse possession.
 

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