Does Adverse Possession transfer between new owners of property.

Asked over 2 years ago - Longview, WA

My adjacent prop. owner has docks on my aquatic lease. Survey shows this (no dispute) He claims Adverse Possession (1 year) but because or prior owners use (many years). We have tried in writing to have this resolved with both owners.Does the time transfer between past owners to create Adverse Possession?

Attorney answers (3)

  1. Samuel A Rodabough

    Pro

    Contributor Level 7

    4

    Lawyers agree

    Answered . In Washington, one of the required elements for establishing either adverse possession or a prescriptive easement, is continuous use of the disputed area for a certain period of years which, with limited exception, is typically 10 years. However, under the doctrine of "tacking," the 10-year period does not need to be continuous possession by the same person. Instead, a claimant can "tack" their period of possession onto the period of their predecessor in interest in order to make up continuous possession during the statutory period. Thus for example, if the immediate predecessor in interest used the disputed area for 9 years, and their successor in interest continued that use for 1 more year (without a significant interruption in between), the periods could typically be tacked together to meet the 10-year requirement.

    This answer is provided for informational purposes only and should not be relied upon or construed as legal advice... more
  2. Elizabeth Smith-Chavez

    Contributor Level 12

    2

    Lawyers agree

    Answered . I do not know the specifics of Washington law (check with an attorney there) but generally time for a prior owner is added on to the adverse possession period. (It is more likely that the adjacent property owner would claim a prescriptive easement than adverse possession.)

  3. Shawn B Alexander

    Pro

    Contributor Level 20

    Answered . I agree with both previous answers and you need an action for ejectment to remove the docks. Take your lease and all of your paperwork to an attorney right away.

    Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are... more

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