Imagine owning a piece of land since your childhood only to have someone accuse you of trespassing, even though you purchased that plot of property from your parents or grandparents. This bleak scenario actually plays out in real life for many Washingtonians and can ultimately hinder your ability to use your land as you had originally intended.
The State of Washington judges claims of property rights transfer on a case-by-case basis. However, adverse possession is not well understood by laypeople, which can often lead those who own property to unwittingly lose their rights to it. For this reason, students studying law will often be called upon to analyze adverse possession claims when writing legal briefs or drafting other types of legal documents. Understanding how this phenomenon works and how it applies to Washington State laws, in particular, is indispensable to helping them complete this type of assignment successfully.
Adverse possession is a principle of law that allows a person to gain ownership of another person’s property if that person’s use of the property meets certain criteria. To claim adverse possession in Washington State, a person must have possession of the property for at least 10 years; the person claiming the adverse possession must openly possess the property and without permission from the property owner; the possessor must treat the property and use it as if it were his or her own; and the possessor must have use of the property at all times.
To understand how these laws evolved into their current form, however, it also helps to understand the history of adverse possession in the State of Washington. Currently, the Washington Administrative Code § 8.48.010 defines this theory as a method of acquiring title to land. Under Washington law, “where title to land has been acquired by open and notorious use, exclusive of any knowledge or consent of the true owner, for a period of ten years, title to such land shall vest in the user thereof.” It is important to note the use of the term “land” – this includes both land and all improvements to land, such as buildings, sheds or fences.
By acquiring title to land through adverse possession, the person claiming adverse possession may end up acquiring rights over all property improvements and anything else that might have been built using the land. For example, if the land was used to build a house, the possessor would have the rights to that house as well.
In modern times, adverse possession is still much more common than many people think. All the basic elements surrounding adverse possession claims are largely similar to what they were at the time of their writing, in that they require the person seeking possession to use the property for an extended period of time and either know or be unaware of whether the land was legally theirs to occupy.
Unfortunately for some landowners, he or she may entirely forget about the property during the time that someone else is using it, especially if it was a more isolated piece of land with low amounts of value without any improvements to it. Over time, people have transferred land to other individuals in hopes of having that individual use the land for something better, but they failed to put it in writing or get official permits approving the land use. While these individuals thought they were doing the right thing, in reality, they were giving that land away at no cost.
It’s easy to see, once aware of the statutes, how adverse possession prevents landowners from abandoning their land and then watching strangers reap all of the benefits. It ensures the land is put to good use. However, it can be devastating for those who take care of their property very well and then have someone else claim it as their own, especially in cases in which the illegal occupant knew good and well that the land was already occupied.
One misconception regarding adverse possession is that putting a fence up on the property immediately transfers rights to that land. This is not necessarily the case, because a fence does not automatically make someone a legal possessor of the land, even if it is missing from official surveying documents.
Although Washington State is a little late to the game in formally enacting laws that cover adverse possession, the fact remains that the statutes are still relatively new. For this reason, students studying law in Washington State should take it upon themselves to study as much about this legal occurrence as they can and focus on how it works according to state law, while also looking at its history to get a broader sense of the legal landscape as it has developed over the years.
As noted, writing is essential to excelling in any type of advanced schooling, and being aware of the potential adverse possession pitfalls could even come in handy on a final exam. Scoring high on written assessments may be essential to maintaining all of your academic scholarships and receiving new ones, as well.
In addition to keeping up with textbooks, aiding yourself in your further studies through the pursuit of vertical learning can also contribute to your success in school. With these and other resources at your disposal, you’ll be well on your way to mastering the laws surrounding adverse possession and any other legal topics you encounter while in school.
