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Anderson v. Hudak – Case Review

I abhor the practice of pleading in the alternative because it turns a trial into a “try-all.” That stated, Anderson v. Hudak is a case which gives me pause to consider the validity of “complimentary pleading.” The background facts of this case are fairly simple. In 1960, Aline Anderson had her parcel of 270′ X … Continue Reading

Selby v. Knudson – Case Review

If I’ve said it once, I’ve said it a thousand times … a picture tells a thousand words! See [HERE]. Selby v. Knudson is a case which is difficult to comprehend without diving into the reporter to actually get the “picture” – i.e. plat maps. Unfortunately, today I am not going to allocate the time to … Continue Reading

Curtis v. Zuck – Case Review

Curtis v. Zuck is a case which involves what the court identifies as a ‘shifting easement’. The situation is one in which a gravel road over time ‘shifts’ outside of it’s actual bounds. Well, just go ahead and put it back into its bounds and stop all this nonsensical meandering. Unfortunately, it is not quite … Continue Reading

Thor v. McDearmid – Case Review

Any lawyer who wants to “Geek Out” on civil procedure will have a heyday with Thor v. McDearmid. This case explore the ins and outs of Washington’s Deadman’s Statute – RCW 5.60.030. In doing so it parses concepts related to the definitions of “statements”, “parties in interest”, and “waiver” and “offers of proof” within its … Continue Reading

Reitz v. Knight – Case Review

While the conflict attendant to boundary disputes is tremendously wasteful on their own, there is a way to accelerate the extreme wallet purge as if a financial bulimic. That way is to challenge the validity of the neighbor’s survey with one’s own. This is what occurred in Reitz v. Knight.  In surveyor speak this type of situation … Continue Reading

ITT Rayonier, Inc. v. Bell – Case Review

ITT Rayonier, Inc. v. Bell was the first Washington Supreme Court review of an adverse possession case after Chaplin v. Sanders. [1] In ITT Rayonier the Supreme Court told the Division II appellate court that they really didn’t “phone in” the Chaplin opinion; its a holding for which … they care. [2] You see the appellate … Continue Reading

Thompson v. Schlittenhart – Case Review

Some boundary dispute cases involve a little bit more than the parties’ contrary claims of adverse possession and quiet title to the recorded real property. No, sometimes the professionals can make bank by engaging in a contest in which one of them will ultimately end up the butt of the joke. [1] That’s what happened … Continue Reading

Roy v. Cunningham – Case Review

Wells v. Miller, 42 Wn.App. 94, 708 P.2d 1223 (1985.11.07) – [Cause No: 6370-4-III] – upholds Stevens County Superior Ct – [Case No. 82 2-00037-8] – decision by Judge Larry M. Kristianson which granted summary judgment to adverse possessors, Defendants Miller and thereby denied title holder of record, Plaintiff Wells. Facts: General: Land Type: Exurban Water … Continue Reading

Wells v. Miller – Case Review

Wells v. Miller opens with one of the best written overviews of any Washington adverse possession cases. [1] Larry L. Wells appeals a summary judgment which quieted title in Jerry and Betty Miller to a vacated county road right of way. The principal issues is whether a claim of adverse possession commences when a county road … Continue Reading

Chaplin v. Sanders – Case Review

Chaplin v. Sanders is without doubt the most important adverse possession case in Washington state.[1] It is a case stacked high with facts supporting the claimants of adverse possession.[2] But, there was a legal snag which gave it legs for appeal to the Washington Supreme Court. Essentially, there was a break in the chain of … Continue Reading
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