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
Mutual Recognition & Acquiescence is a legal doctrine, which though much less used and developed than adverse possession, sometimes serves as another means to settle a land fight between adjoining property owners.
The doctrine of Mutual Recognition & Acquiescence may be adequately summarized as: (1) an express or implied good faith definition of a boundary; which (2) is bilaterally recognized
In my January 2011 Bar News article A Good Faith Attack on Land Thieves, I suggested that the best method to attempt to eliminate land theft allowed under the current laws would be to add the element of Good Faith to adverse possession’s 10 year common law statutory interpretation of RCW 4.16.020.
Well, today at
After the initial House Judiciary Committee Hearing on 2011.01.13, Assistant Minority Floor Leader Rep. Matt Shea (R) of Spokane’s 4th Legislative District offered Proposed Substitute HB 1026 – now SHB 1026. Its stated effects were as follows:
Changes the standard of evidence for adverse possession claims to “clear, cogent, and convincing evidence.” Requires adverse
On Thursday, 2011.01.13, I testified to a few, but certainly not all, of my thoughts related to the proposed Adverse Possession bill – HB 1026. My thoughts were based on an effort to challenge what I perceive to be some of the weaknesses of the bill as presented, while still providing overall support for reform in
