This is rather big news for real estate attorneys in
A brief summary of the new law is as follows:
Permits a court to decide that a party who prevails on an adverse possession claim must pay certain taxes levied on the property that were paid by another party or that went unpaid.
The actual attorney’s fees provision reads as follows:
“(3) The prevailing party in an action asserting title to real property by adverse possession may request the court to award costs and reasonable attorneys' fees. The court may award all or a portion of costs and reasonable attorneys' fees to the prevailing party if, after considering all the facts, the court determines such an award is equitable and just.”
If you are unfamiliar with adverse possession, and happen to find yourself in a boundary line dispute with a neighbor you will want to contact a real estate attorney. In the most simplest of explanations, adverse possession can allow another to take ownership of property if they use the property for a period of over ten years, without the true owner making a claim or granting permission of the use. In general terms, in order to establish a claim to property by adverse possession, the claimant must establish open use, continuous use (10 years), exclusive use (keep others out), adverse use (no permission) and notorious use (known to others). Chaplin v. Sanders, 100 Wn. P.2d 853,676 P.2d 431(1984). In determining your property rights you should consider consulting with a real estate attorney.
Boy, this can be a mess. I bought my house 15 years ago and the fence on my West boundary was already old. My detached garage, flower beds, benches, grape trellis and swing are all along this fence.
ReplyDeleteMy neighbor had it surveyed and the boundary is correct on the front but not on the back. The fence is built at a right angle to the road, but the property actually angles a big....so 300 feet back HIS corner is on my land!
I am claiming adverse posession as I have paid taxes, (although technically not his), maintained...I kept others out, and it was known to others.
The impact to me if the 'new' property line was enforced would be huge. I don't have a lawyer yet and hoping we can reason this out between us.
Any comment or advice?
Dear Anonymous of February 7th:
ReplyDeleteFirst off, adverse possession can be tough to grasp to many - as was the case when I first learned about it in law school - and adverse possession usually differs from the "paper boundary" contained within the legal description and as shown by survey.
Secondly, these cases can be hotly contested and very expensive in court. This is likely the reasoning behind the new law allowing attorneys fees to be awarded in adverse possession cases - in WA.
Given that these can be expensive you should try to resolve this as amicably as possible with your neighbor. However, many mistakes can be made without involvement of attorneys. I would strongly urge you to reach out to an attorney in your area for discussion of this issue.
Please note my disclaimer: this is merely for general education purposes and legal/legislative updates - this does not constitute an attorney-client relationship and this is not legal advice to your specific issue. You should truly call an attorney in your area to discuss this issue.
my property is next to a church with my back fence along the church property. last summer the church wanted to build a shed next to my fence and asked if they could remove my fence, build a retaining wall on my property and put the fence back up on top of it. we decided not to let them do that, because the entire back of our property would be left open for an undetermined amount of time and we were concerned about safety. yesterday, they left a message saying that they had a survey done and our fence is 4 feet on the churches property and we have to either move the fence or discuss changing the property line (which i assume means they want some kind of monetary reimbursement). the neighbors on either side of me have fences that follow the same line as ours, but they have not been contacted by the church because they don't want to build a shed by their fence. do i have to move my fence? i also have a retaining wall, irrigation, shrubs & rocks within that 4 feet
ReplyDeleteDear Anonymous of March 28th:
DeleteYou need to contact an attorney within your local area/state. If they sent you a letter informing you that your fence needs to be removed, you need to learn and know your rights (this can vary from state-to-state). You then need to respond to the letter. If you do not respond they may go about removing the fence. The police departments may not be able to stop them if they have a survey - police usually inform that these are civil matters.
You may not have to move your fence, due to adverse possession, but you really need to have this matter reviewed by an attorney.
Nice posting. As an expert Adverse Possession I support this. To Learn More About the Secrets Of Adverse Possession Get the Book 'Use It Or Lose It'
ReplyDeleteDoes anyone know of a good attorney in the greater Seattle area that knows about adverse possession? I need to hire an attorny with an issue I'm having with a neighbor.
ReplyDeleteDear Anonymous 4/4: selecting an attorney can sometimes be like throwing a dart at a dartboard and hope for the best. Generally, word-of-mouth or referrals are great; but if no one knows of a particular attorney in the area you need, then I would suggest contacting the local bar association. In WA, you can check the WA State Bar www.wsba.org or the King County Bar www.kcba.org. Another somewhat new service online is Avvo www.avvo.com - which offers profiles of attorneys, and even ratings* (*I would rely too heavily on any rating system, some really good attorneys could care less about Avvo and don't bother updating their profile).
ReplyDeleteOh and if you're interested, I could always be of assistance. Please feel free to call to discuss or get a referral.
i am homeless and see many vacant properties falling into disrepair. i am willing to make repairs, pay property taxes, and put the utilities in my name. what are my chance of being successful in asserting my right of adverse possession? isnt the situation like mine the very reason for the law to begin with? thanks.
ReplyDeleteDear Anon 5/21:
DeleteThis has a whole host of issues and more than likely it would not end up good for you if you attempt this. If you attempt this you would be considered a trespasser and would have entered a building without permission. If you are caught you will likely be arrested and could be charged with trespassing and/or breaking and entering.
I certainly can understand your reasoning, as the theory of adverse possession was founded upon the principle that property should be utilized and the true owner should they care about the property, they should claim it and care for it... however, this is a risky and likely punishable offense if you get caught.
I bought a property 8 years ago with an existing fence line. The previous owner, which was a holdings company, had conducted a property line survey prior to my buying. The fence was easily more than 2 years old when I purchased the property.
ReplyDeleteMy question is, is the 10 year timeline dependant on single owner possession? If the property line was unchallenged for more than 10 years does it matter that I have only owned it for 8?
My neighbor has had a survey done that shows that my fence is well over the property line (approx 75 feet) The new property line would run through the middle of a man made pond, which would render the pond nearly useless.
I believe I have met all of the requirements for adverse possession. In addition the new property line that he shows would put the entrance of my driveway on his property. I have an easement with my other neighbor for the purpose of access to my property, but new survey shows this as being his. All of my utilities are buried down the middle of the driveway. This could be exceptionally difficult and costly to remedy.
Dear Anon 5/23:
DeleteAs an adverse possessor claimant, you bear the burden of proving the claim. I see some potential issues with your claim that "[t]he fence was easily more than 2 years old when I purchased the property." You will need to prove this - and not simply rely upon an assumption.
Some of the other issues are related to adverse possession, but when involving utilities and easements, these are generally termed "easement by prescription".
You got a lot going on. You should contact a local real estate attorney to discuss these issues.
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ReplyDeleteHr Survey
I own property that is contiguous with 127 acres of residentially-zoned woodlands and lakes owned by a land holding company. My property is the only property that has direct access to the 127 acres due to a fence that surrounds the entire property with a large portion of it torn down on my property line. I only lived on my property for one year so far, but I began using the 127 acres for hunting, swimming, firewood collecting, trail walking, and the like from day one of my ownership. In Michigan, the statutory period for adverse possession is fifteen years, so I have another fourteen years of exclusive use of the 127 acres before I have any chance of claiming it.
ReplyDeleteMy questions:
Since it is owned by a holding company, will that effect my ability to claim adverse possession?
What is the best way to prove adverse possession (as it stands, I am documenting my actual use of the property and keeping an eye out for anyone else who might use it)?
Thank you.