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
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
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:
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
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
Recently, I was involved in a mediation which raised an important point about what to do when you are putting up a fence. I thought I would take a moment to spell out some basics so that you don’t end up with a mess ten years down the road.
The overarching point is spelled out
Adverse possession is a law which allows an owner of land to do two things (1) disallow stale claims for the ownership of the totality of the property and (2) to claim ownership of land which is beyond the titular bounds of a legal description as determined by surveyors after having conducted a retracement survey.
Robert – Adverse possession to a property owner is legalized theft. The new law [RCW 7.28.083] should have struck it down completely. Adverse possession is archaic and with today’s ready access to surveys, there is no reason absolute boundaries cannot be confirmed and legal boundaries protected by the very authorities property owners fund with their
In yesterday’s post, I reviewed the case Lilly v. Lynch, 88 Wn.App. 306 (Div. II 1997). For those not wishing to review, it was basically about Ms. Lilly going beyond what seems to have been a longstanding boundary wall which was used to recognize her boundary from a chain of previous neighbors. She
The Seattle Boat Show is now running through the end of February 3. Be brave enough to venture to those boats at South Lake Union and I suspect you will find it worth the effort. Heck, while your at it take in the Museum of History and Industry (MOHAI) at its new location at South
