Neighbor's Deck Is Built On Our Property In Camino Island, Washington

[TrackDad]

I own an old "beach cabin" on Camino Island, WA with several other family members. We purchased the cabin from a now-deceased uncle several years ago. There was always a family question about whether or not our neighbor to the north had built his deck on our property. When we asked the neighbor about this, he replied that our uncle and he had always agreed that a certain tree stump was the property line and that was that.
To finally settle the matter, we obtained a survey last month, and sure enough, his deck is over onto our property almost 2 feet.
I understand we will probably not be able to get him to remove his deck and reclaim our land, but given the high cost of land in this area, we would like to either draft a rental agreement with him where he can rent our land without actually owning it or something to that effect.
And, we have heard rumors that he plans to remodel his cabin and would like to block any further encroachment onto our land, and if he does any type of remodel, to have him move his deck back onto his property when the construction is in progress.
I have sent copies of our survey to the County Courthouse with a letter outlining our concerns. They told us they probably will not be able to stop any building permits should he actually apply for one before his remodel.
We would like for all interested parties to know there is a problem, we know about the problem and would like to keep it from growing if possible. Does this approach seem reasonable?

[Mr. Knowitall]

How long has the encroachment been in effect?

You should consider writing a letter to him (and probably should send it certified, and get a return receipt) informing him that his dock encroaches on your property and when it comes time to repair or replace it (if not sooner) you expect him to correct the encroachment.

I wouldn't count on getting rent. I doubt he'll pay it voluntarily, I am skeptical that a court would order it, and I can pretty much guarantee that if you litigate to try to get rent you will end up paying a lot more than you end up collecting. Also, he may counterclaim for a prescriptive easement or adverse possession, potentially leaving you worse off than you presently are.

[TrackDad]

I appreciate your time and comments.

We purchased the cabin around 2000 and the deck was in place then. Without calling the builder who actually put the deck up, we aren't sure exactly when it was built, as the long-time owner who sold it to us is now dead. I would guess (a pure guess) at least 10 years.

It's more the idea that our neighbor may be thinking of a remodel (his cabin is very small). We would like to keep him from encroaching even more our way, since he thinks the property boundary is still outside his present deck.

We'll do your suggestion of a letter and send him copies of the survey.

Thanks!