Adverse Possession

[gml659]

What is the name of your state? WASHINGTON

Two questions.

Does anyone here know where I can go to find out the laws/regs/rules of Adverse Possession (AP) in my state?

There is a boundary and AP has taken place over a period of time. Someone buys said property and the legal description is inclusive of the AP property but is not known to the property buyer. Subsequently, the new owner discovers the AP. Is there anything the new owner can do to reclaim the AP property? Does AP pertain to the human owner of a property in his/her aquessences (sp) of property OR to the property itself?

GML

 

[tami123]

GML:

Did you consider searching the forums for "adverse possession" and "Washington?"

 

[gml659]

Tami,

Good advice.....thank you.

I looked but could not find answers to my questions. It seemed most had to do with fences. I am curious about the laws and how they pertain.

GML

 

[tami123]

gml:

I performed the same search and found the following url:

http://www.leg.wa.gov/rcw/index.cfm?fuseaction=chapter&chapter=7.28

 

[krispenstpeter]

Is there anything the new owner can do to reclaim the AP property

No. Once adverse possession succeeds title to the property transfers.

Does AP pertain to the human owner of a property in his/her aquessences (sp) of property OR to the property itself?

Actually both. Adverse possession, it's requirements and timetable, pertains to the property owned by an individual so that if you are one day away from the timeframe required to Adversely Possess a piece of property and it is then sold, the new owner now has a 'new clock' and you must again begin Adversely possessing the property.

In your scenario, the ONLY party you may have recourse against is the seller from whome you purchased the property. HOWEVER, the answer to this would require a complete review not only of the sales contract but also of the timeframe for when the purchase occurred in relation to now and the events of the purchase.

 

[HomeGuru]

What is the name of your state? WASHINGTON

Two questions.

Does anyone here know where I can go to find out the laws/regs/rules of Adverse Possession (AP) in my state?

There is a boundary and AP has taken place over a period of time. Someone buys said property and the legal description is inclusive of the AP property but is not known to the property buyer. Subsequently, the new owner discovers the AP. Is there anything the new owner can do to reclaim the AP property? Does AP pertain to the human owner of a property in his/her aquessences (sp) of property OR to the property itself?

GML

**A: something does not make sense about your post. First, unless the court ajudicates the AP, there is no AP. For an AP to be certified, litigation must occur. And the case settlement would require a survey of the affected subject land and recordation of such to the property title. Has there been litigation and resolution? If so, how was it that the Buyer was not aware?
It appears to me that no court case has been inititated. Please advise us as to the facts.

 

[gml659]

HG,

No. No litigation has taken place. PLUS on top of all this this question pertains to water rights which I am just getting into. Please see my other post about water rights for waterfront property.

Thank You for taking the time and thought to respond.

gml

 

[HomeGuru]

Thanks for clearing this up.