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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 42877
Experience:  Texas Attorney for 30 years dealing in real estate
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We would like to talk to someone about real estate law in

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we would like to talk to someone about real estate law in Washington state
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Washington
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

What can I help you with , thanks

Customer: replied 2 months ago.
we live in WA state and bought our house 10/2008. When we bought it, it was fully landscaped with a retaining wall and a "fence" of tall trees with sprinklers between the retaining wall the tree fence. this was all done by the builder. in our community, there are no actual fences but instead a long row of Arborvitae trees that act life a fence. the neighbor bought the lot next to us just about a year ago and now wants to build on it. he had it surveyed and now says that all of this is on his land and the new stakes show that we will be loosing the tree fence, sprinklers and retaining wall. We have been looking at RCW 7.28.050 and it is a bit confusing. In one part is says you need to have maintained it for 10 years and in another it says 7 years with a connected title. we don't understand that verbiage. thanks.

Here you fall under the 10 year rule.If you had a title policy you need to file a claim on your title policy because this is a defective title you got and you are covered.Title company is liable to you for damages and error.

Law

As in most states, adverse possession in Washington is established from the nature of a trespasser’s possession and the length of time he or she possesses the land. A trespasser’s possession must be:

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  1. hostile (against the right of the true owner and without permission)
  2. actual (exercising control over the property)
  3. exclusive (in the possession of the trespasser alone)
  4. open and notorious (using the property as the real owner would, without hiding the occupancy), and
  5. continuous for the statutory period (which is ten years in Washington, under Wash. Rev. Code Ann. § 4.16.020)

You need to write the title company here and report the title defect.You may also need to resurvey here there could be an error.These are your next steps.You are close to adverse possession but time wise you are short so I don't think this ia viable option.

I appreciate the chance to help you tonight.Let me know if you have more.

If you can positive rate 5 stars it is much appreciated.

Ray and other Real Estate Law Specialists are ready to help you
Customer: replied 2 months ago.
are you saying that we should hold the title company liable? the tree line looks like a "understood" easement. Should we try to hold the builder liable?
Customer: replied 2 months ago.
we don't need the phone call now

Yes title company insured title and if there is an encroachment or wrong boundary you have a claim for a title defect and they need to resolve it here.

Customer: replied 2 months ago.
we are on the phone with the attorney

Please let me know if you have more here, thanks for rating 5 stars.