Adverse possession is a legal doctrine that allows someone to claim ownership of land under certain conditions, even if they are not the original owner. While it may sound like something out of a legal drama, it’s a real part of property law, and it can have serious implications for property owners and potential claimants alike. In Washington State, adverse possession is governed by specific laws that must be met for someone to successfully claim ownership of a property through adverse possession.

At the Law Office of Erin Bradley McAleer, we understand how complex property laws can be, and we’re here to help you navigate adverse possession cases. Whether you’re a property owner concerned about the potential claims on your land, or someone looking to understand if you could claim adverse possession, it’s important to understand the requirements and implications of this legal process.

What is Adverse Possession?

Adverse possession allows a person to gain legal title to land if they meet certain conditions set by state law. The concept is based on the idea that if someone uses land in a way that is obvious and continuous for a long period of time, it may be assumed that they have effectively “taken control” of it, and thus they may be granted ownership.

In Washington State, the law requires that a person seeking to claim ownership through adverse possession must meet several criteria, including continuous use, hostile possession, and exclusive possession. The statute of limitations for adverse possession in Washington is 10 years, which means that the individual must meet all requirements for at least 10 years before they can legally claim the land.

Key Requirements for Adverse Possession in Washington State

To successfully claim adverse possession in Washington, the person making the claim must prove that their use of the land satisfies the following criteria:

  1. Actual Possession: The person must physically use the property as if they are the owner. This means building structures, farming, gardening, or any other activity that demonstrates control over the land.
  2. Hostile Possession: This doesn’t mean violent or aggressive behavior. Rather, it means that the possession is without the permission of the true owner. If the person is using the property with the owner’s consent, it cannot be considered hostile.
  3. Open and Notorious Use: The person must use the property in a way that is visible and obvious to others. Their use must be so apparent that it would give the true owner notice of their actions. If the use is secret or hidden, it does not qualify as adverse possession.
  4. Continuous and Uninterrupted Use: The person must use the property consistently for the required time period—10 years in Washington State. This means that the person must use the land without significant interruption. If they stop using the land or are evicted during this period, the clock for adverse possession resets.
  5. Exclusive Use: The claimant must use the property exclusively, meaning they cannot share it with the true owner or the general public. If the property is used by others or shared with the original owner, it could undermine the claim of adverse possession.

The 10-Year Requirement

In Washington State, the 10-year requirement is set forth by the statute of limitations for adverse possession. After a person has met all the conditions for 10 consecutive years, they may be able to file a claim to obtain legal title to the property. Importantly, the 10 years do not have to be consecutive if there have been interruptions in possession or use of the property. However, the time spent must be continuous and uninterrupted over the full 10-year period.

How Does Adverse Possession Affect Property Owners?

For property owners, adverse possession can be concerning because it means that someone may be able to claim ownership of their land if they do not take action to prevent it. As a property owner, if you notice that someone is occupying your land without permission, it’s crucial to address the situation promptly to prevent an adverse possession claim.

If you are a property owner in Washington State and suspect someone might be attempting to claim adverse possession of your property, consulting with a knowledgeable attorney can help you understand your rights and options for stopping the claim. Depending on the situation, taking legal action quickly could prevent someone from gaining ownership of your land.

How to Defend Against an Adverse Possession Claim

If you believe someone is trying to claim adverse possession on your property, there are several steps you can take to protect your rights:

Challenge the Claim: You can present evidence to show that the person has not met the legal requirements for adverse possession, such as proving that their use of the land wasn’t continuous, open, or exclusive.

Take Legal Action: If you notice someone occupying your land, it’s important to act quickly. This could involve sending a formal notice to the individual or taking legal action to evict them from the property before they meet the necessary conditions for adverse possession.

Regularly Inspect Your Property: Monitoring your property regularly can help ensure that no one is using it without your permission, which is crucial in preventing adverse possession claims.

Adverse possession cases can be complex and require a thorough understanding of property laws. If you are facing an adverse possession issue, whether as a property owner or as someone seeking to claim ownership of land, it’s important to seek the guidance of an experienced attorney.

At the Law Office of Erin Bradley McAleer, we have extensive experience in property law and can help you understand the nuances of adverse possession in Washington State. If you’re worried about an adverse possession claim, or if you believe you have a legitimate claim to property, give us a call at (360) 334-6277. We are here to provide the legal support you need and protect your property rights.