Adverse Possession Immunity: Washington's Unique Legal Landscape

Adverse possession, also known as squatters' rights, is a legal concept that allows a trespasser to gain legal ownership of a piece of property that does not belong to them. This can occur when a trespasser occupies a property for a long time (typically ten years in the state of Washington) without the consent of the original owner. While adverse possession laws vary from state to state, the basic provisions in Washington require the trespasser to meet certain criteria, including open and notorious possession, actual and uninterrupted possession, exclusivity, and hostility. In this context, hostile refers to the use of the property without the permission of the original owner. It is important to note that adverse possession rarely involves someone living in another person's home and is more commonly associated with subtle land disputes, such as those arising from improperly placed fences or walkways. This article will explore the specific laws and requirements surrounding adverse possession in Washington State and examine whether any laws can override this complex legal doctrine.

Statutory vs. common law

Adverse possession, commonly known as "squatters' rights", is a situation in which a person who has had possession of a piece of property for a long time may be entitled to direct ownership. In the state of Washington, this possession period is ten years, or seven years if the possessor is paying property taxes on the land.

While discussing adverse possession claims, most people unwittingly refer only to common law adverse possession. However, there are two types of adverse possession in Washington: claims based upon statute and claims based on common law.

Statutory Adverse Possession

Statutory adverse possession is based on the statutory period of possession. In Washington, an adverse possessor can only claim the right to the property after ten years of use and possession, or seven years if the possessor is paying property taxes on the land. The statutory requirements for adverse possession are stringent and apply to a narrow set of circumstances. They include:

• "Color of title", which means that the adverse possessor must be able to trace their title to some documentation purporting to convey title
• "Good faith", which means that the claimant must genuinely believe that they have a right to possess or own the property
• Payment of assessed taxes on the property in question; mere possession is not sufficient

In the case of vacant and unoccupied land, the possession requirement is removed. However, if the claim is for forestland, the claimant must prove that they have made substantial improvements to the land for at least ten years, unless they relied on good faith on location stakes or boundary markers set by a registered land surveyor.

Common Law Adverse Possession

Common law adverse possession is based on case law and precedent. In Washington, common law adverse possession has been fleshed out over more than a century of precedent. The statute that confirms common law adverse possession is not a substantive statute but rather a statute of limitations "for the recovery of real property". The requirements for common law adverse possession are less stringent than those for statutory adverse possession. To establish a common law claim, the claimant must establish that the possession is:

• Open and notorious
• Actual and uninterrupted
• Exclusive
• Hostile, meaning that permission has not been granted by the actual deeded owner of the property to occupy the land

Continuous and uninterrupted use

Adverse possession, commonly known as "squatters' rights", is a unique situation, often fuelled by surprise and emotion. In the state of Washington, if someone has possessed a piece of property for a long time, i.e., for ten years, they may be entitled to direct ownership. However, this period can be reduced to seven years if the possessor is paying the property taxes on that piece of land.

To establish a statutory claim of adverse possession, the claimant must prove actual, open and notorious possession, under claim and colour of title, made in good faith, and pay all taxes legally assessed on the property. These requirements are more stringent than those of common law adverse possession.

To establish a common law claim of adverse possession, the claimant must establish that the possession is open and notorious, actual and uninterrupted, exclusive, and hostile. For instance, if a landowner is unaware that a neighbour's fence was placed on their property, the occupation would be considered hostile as the owner hasn't given permission.

In the case of vacant and unoccupied land, the possession requirement is removed. However, if the claim is for forestland, the claimant must prove that they have built substantial improvements that have remained entirely or partially on the land for at least ten years, unless they relied on good faith on location stakes or boundary markers set by a registered land surveyor.

For example, if an adverse possessor has used a remote hunting cabin in the woods for hunting trips each year for the possessory period, they may be able to claim continuous use. Similarly, if the adverse possessor has put up a fence, closed a gate, built a building, or planted crops, their use would be deemed ""open and notorious" by the courts.

It is important to note that adverse possession rarely involves someone living in another person's home and claiming it as their own. Instead, it often involves subtle land disputes resulting from improperly placed fences and walkways.

Open and notorious possession

Adverse possession, commonly known as "squatters' rights", is a legal doctrine that allows someone who has possessed a piece of property for a long time to be entitled to its direct ownership. In the state of Washington, this period is set to 10 years, although it can be reduced to 7 years if the possessor is paying the property taxes on that piece of land.

To establish a statutory claim of adverse possession, the claimant must prove actual, open and notorious possession, under claim and colour of title, made in good faith, and pay all taxes assessed on the property. The "open and notorious" requirement means that the trespasser must act in a manner consistent with ownership. In other words, a trespasser must be able to show having used the land such that any reasonable person would have thought the trespasser owned it, and that the owner did not act to stop this. For example, by barbecuing there in the afternoon, inviting family over, and installing lawn furniture. These acts of visible ownership would put the true owner on notice that another person is using the land.

Courts do not reward trespassers with titles through adverse possession if they hide signs of their presence on the land. The rationale behind requiring open and notorious possession is that the true title owner of the property should be given every opportunity to notice the trespasser's behaviour and put a stop to it. If a landowner sees a squatter on their lawn and does nothing about it, then it may make sense for the squatter to gain title over the land after prolonged use.

It is important to note that adverse possession rarely involves someone actually living in another person's home and claiming it as their own. It often involves subtle land disputes, quite frequently resulting from improperly placed fences and walkways.

Adverse possession disputes

Adverse possession, also known as "squatters' rights", is a legal concept that allows a trespasser to gain legal title over the land of a property owner. Adverse possession in Washington State requires a 10-year period of occupying property, although this can be reduced to 7 years if the possessor is paying property taxes on the land.

To prevent adverse possession, the property owner must not give consent to the trespasser and must take steps to interrupt their use of the land. This can include calling the police, taking legal action, or instructing the trespasser to leave. It is important to document these efforts to provide proof of interruption.

If you are facing an adverse possession dispute, it is recommended to consult a lawyer specialising in real estate and litigation matters, such as Holmquist + Gardiner in Seattle, or Beresford Booth, who have experience in statutory and common law adverse possession claims. They can help you understand your rights and protect your property.

Boundary disputes

Adverse possession, commonly known as "squatters' rights", is a situation that often arises from boundary disputes. In Washington State, adverse possession laws require a seven-year period of occupation and payment of property taxes before a squatter may claim ownership, although this can be extended to ten years if the possessor is not paying property taxes.

To establish a statutory claim of adverse possession in Washington State, the claimant must prove actual, open and notorious possession, under claim and colour of title, made in good faith, for seven successive years, and pay all taxes legally assessed on the property. These requirements are more stringent than those of common law adverse possession and apply to a narrower set of circumstances.

To establish a common law claim, the claimant must prove that possession is open and notorious, actual and uninterrupted, exclusive, and hostile. Statutory adverse possession is rare because of its stringent requirements, and it is more common for someone to occupy a neighbour's property due to a mistaken understanding of the boundary location.

If you are involved in a boundary dispute and possible adverse possession, it is important to seek legal advice.

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