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Stokes v. Kummer – Case Review

Stokes v. Kummer is a case which reveals a divide different than most adverse possession cases. Instead of a dispute over a portion of land along the edge of two neighbors’ real property, this case regards ownership of land in its totality. As to the divide then, we have a conflict between people who have lived … Continue Reading

Lloyd v. Montecucco: Projecting Property Lines Along Land is Fine; Into Tidal Waters is a Different Story

Lloyd v. Montecuco, 83 Wn. App. 846 (Div. II 1996) is a waterfront case which helps to identify the extent to which definitive (boundary) lines must be demonstrated in order to achieve adverse possession. The case is informative with respect to adversely possessed property boundaries both on land and out into the water. Background Facts: … Continue Reading

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
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