Tag Archives: Constructive Notice

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

What is a Lis Pendens?

A Lis Pendens is the filing of notice that a lawsuit has been commenced against a real property owner. This is a recorded document that is filed against the property, not at court, along with all the other documents such as deeds, boundary line adjustments, easement, covenants … at the county auditor or recorder’s office which normally receives … Continue Reading

Open & Notorious’ Constructive Notice may be an Elemental ‘Surprise’ in Adverse Possession and Prescriptive Easement Cases

Open & Notorious is an extremely difficult element to understand and prove (and yes, despite the required burden – disprove) in Adverse Possession and Prescriptive Easement cases. In my humble opinion, much of this relates to an overall misunderstanding of the fact that this single element is actually two elements combined into one. I liken … Continue Reading