Summary

• Jurisdiction: Washington

Chapter Details

Summary

§8.1	Adverse Possession
(1) A Statutory Concept with Common-Law Elements (2) The Washington Statutory Scheme of Ownership Through Adverse Possession (3) The Elements of Adverse Possession (a) Actual Possession (b) Interruptions in Possession (c) Tacking (d) Open and Notorious (e) Hostile (f) Exclusive (g) Under Claim Made in Good Faith (4) Special Elements-"Color of Title"-RCW 7.28.070 (5) Special Elements-"Deducible of Record" From State or United States-RCW 7.28.050 (6) Special Elements-"Vacant and Unoccupied Land"-RCW 7.28.080 (7) Owners Against Whom Adverse Possession Does Not Run (a) Government-Owned Property (b) Persons Suffering a Disability (c) Nonpossessory Interests (d) Certain Types of Real Property May Not Be Adversely Possessed or Are Subject to Prescriptive Use Only (e) Adverse Possession of Easements (8) Advising the Client-Tactics for Bringing and Defending Against an Adverse Possession Claim (9) Litigation (a) Pleading (b) The Parties-Service of Process (c) Judgment-Damages (d) Proof-Appellate Review (e) New Developments (10) Additional References
§8.2	Boundary Litigation
(1) Statutory Procedure-Chapter 58.04 RCW (a) Availability of Statutory Action (b) Evidence (2) Basic Common-Law Doctrines (a) Adverse Possession (b) Parol Agreement of Adjoining Owners (i) Statement of Doctrine (ii) Evidence (c) Estoppel In Pais (i) Definition of Doctrine (ii) Evidence (iii) Related Doctrine-Laches-Defense (d) Location by a Common Grantor (i) Statement of Doctrine

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