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P-Leagle
P-Leagle, Paralegal
Category: Legal
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Experience:  A.A. Paralegal Studies Experience in Real Estate,Internet Law,Contracts,Tax & Biz Startup,DUI
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how does one claim adverse possession in king

Resolved Question:

how does one claim adverse possession in king county washington?
after maintaing and occupying property connected to property owned for 15 years how does one leaglly own it?
Submitted: 6 years ago.
Category: Legal
Expert:  P-Leagle replied 6 years ago.
Hi,

Are you asking about the rules, or how to get title to this property?

Thanks,

Mike

Customer: replied 6 years ago.
How to get titl to this property?
Expert:  P-Leagle replied 6 years ago.
Hi Customer,


First, here is the Washington Code:

In Washington State, the Revised Code of Washington (RCW) 7.28.070 defines adverse possession as “Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section.”

To get title to the property you must meet each and every one of the conditions in the Washington State Statute.

The taxes id always the issue in adverse possession actions.

Since that is the original purpose, to not have land unoccupied so as not be able to collect property taxes, you wold bring your proof of all the required elements to Kink County's Assessor office. Usually a hearing is made, public notice is made, and if all goes well, the assessor will offer you a new deed to the property.

Keep in mind, upon public notice, everybody and there sister will claim some sort of interest in the property. The way you ultimately get title is to have all those interests disproved by proving yourself that all the elements of the statute have been met by you.


_____________________

Should you require further clarification, please never hesitate to ask. It would be my pleasure to clarify the answer to your question. My goal is your 100% satisfaction with all questions I answer.

Regards,

Mike

___________________

Just Answer! acts as a venue for entertainment purposes. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment, accounting, or tax) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service. Any information given by me is not offered as, nor is it intended to be, considered legal advice in any way, shape, or form, and shall be treated as procedural information only. Per Cal. Bus. and Prof. Code § 6450 et. al., Paralegals or Legal Assistants cannot give legal advice. The information herein is not exhaustive. You should always seek legal counsel from a licensed attorney in your state.


Customer: replied 6 years ago.
Reply to P-Leagle's Post: Sorry I am not talking about anything we've paid
taxes on. When we purchased our house 15 years ago we assumed the fence was the property line. It has our shed on it and shrubery we have maintained. It is a portion of about 15 feet of the neighbors lot. So we haven't paid taxes on the 15 feet.
Expert:  P-Leagle replied 6 years ago.
Hi rlenner,

It's natural to assume a fence is on the property line, but as you may have found out it is not always the case. However, you did not bring up a fence in your initial question.

So at this point, I am unsure as to what you are asking. Is there now a dispute with the neighbors? Please clarify what you would like me to address. The more information the better.

Thanks,

Mike


Customer: replied 6 years ago.
We feel we have adverse possession because we have maintained that 15 feet of property and want to know how to legally own it. The way it is now the neighbor could if he wanted to tear down our shed and move the fence.
Expert:  P-Leagle replied 6 years ago.
Hi rlenner,

In this case, everything is still the same as what I mentioned above in the WA Statute, but you are seeking a prescriptive easement rather than actual title.

Please click here if you are interested in learning more. Again, you would be seeking a prescriptive easement which is still difficult, but a much easier process than trying to gain title on the entire adjoining property.

A definition of a prescriptive easement is also included in the above link.

_____________________

Should you require further clarification, please never hesitate to ask. It would be my pleasure to clarify the answer to your question. My goal is your 100% satisfaction with all questions I answer.

Regards,

Mike

___________________

Just Answer! acts as a venue for entertainment purposes. Responses and comments on Just Answer! are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment, accounting, or tax) and do not establish a professional-client relationship. Just Answer! is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service. Any information given by me is not offered as, nor is it intended to be, considered legal advice in any way, shape, or form, and shall be treated as procedural information only. Per Cal. Bus. and Prof. Code § 6450 et. al., Paralegals or Legal Assistants cannot give legal advice. The information herein is not exhaustive. You should always seek legal counsel from a licensed attorney in your state.



P-Leagle, Paralegal
Category: Legal
Satisfied Customers: 922
Experience: A.A. Paralegal Studies Experience in Real Estate,Internet Law,Contracts,Tax & Biz Startup,DUI
P-Leagle and 8 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Reply to P-Leagle's Post: You have been extreamly helpful. Our situation is very complicated. But you have pointed out some possible means of resolution. Our refered to neighbor is actually some stranger that bought the lot and actually built a house on it. One day he just came in and tore our fence down and started to build. A verbal agreement was made and they built a new fence. But the new fence is still not on the property line. The property was sold to a third party and the house was built. Now the permit to build has been resinded because there isn't enough property for the septic system. So we didn't know what recourse we had not to go through this all again. So I thank you for your help and time.

Rebecca

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