Archive | Adverse Possession

Possession must be open and notorious

In Seattle, many older properties have rockeries, small fences and even garden walls. In established areas, these features are often overgrown with all sorts of plants—often invited and cultivated—sometimes wild and unwanted. When a boundary dispute between neighbors erupts, one or the other may point to these features to support a claim for adverse possession. […]

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Alleys dedicated for public use cannot be adversely possessed

The Washington Supreme Court answered an often asked question by clearly stating that alleys dedicated for public use cannot be adversely possessed. The case is Kiely v. Graves and concerns competing claims to a portion of an alley that had been vacated by the city of Port Townsend. William and Sally Chapin Kiely were neighbors […]

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Citing equity, courts can take your property

The Huntingtons built their house, well and garage on Noel Proctor’s property. Instead of having the property surveyed prior to building, the Huntingtons mistakenly believed that a survey pin marked the corner of their property. It didn’t, it was actually 400 feet from the true boundary, having been placed there by a prior property owner […]

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Mowing not enough for adverse possession

Division One upheld a summary judgment in favor of the owners of undeveloped property in Skagit County against the adverse possession claim of their neighbors. The dispute involved the Plaintiffs’ claim that by mowing of a portion of the Defendants’ undeveloped land for a period of more than ten years, they had acquired the property […]

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