If a Fence is in the Wrong Place Can You Keep Your Neighbor's Land
My question involves real estate located in the State of: Washinton
I've heard that if you have a fence line that is over a property line and you've been using that land if the other property owner tries to dispute it to make you move your fence, if its been over a certain number of years the land is considered yours and you don't have to move your fence line. Is this true? If so what is this called and where would I look up the law?
Re: If a Fence is in the Wrong Place Can You Keep Your Neighbor's Land
It's possibly true. The term is "adverse possession." In Washington state it requires actual, notorious, and hostile possession under color of title for seven years including paying taxes on the property. It's also possible if you make exclusive claim to title for ten years. Just fencing something in is NOT sufficient.
Re: If a Fence is in the Wrong Place Can You Keep Your Neighbor's Land
Consider also "acquiescence":
Quote:
Quoting Merriman v. Cokeley, 168 Wn.2d 627, 230 P.3d 162 (2010).
A party claiming title to land by mutual recognition and acquiescence must prove (1) that the boundary line between two properties was "certain, well defined, and in some fashion physically designated upon the ground,
e.g., by monuments, roadways, fence lines, etc."; (2) that the adjoining landowners, in the absence of an express boundary line agreement, manifested in good faith a mutual recognition of the designated boundary line as the true line; and (3) that mutual recognition of the boundary line continued for the period of time necessary to establish adverse possession (10 years).
Lamm v. McTighe, 72 Wash.2d 587, 593, 434 P.2d 565 (1967). These elements must be proved by clear, cogent, and convincing evidence.
Lilly v. Lynch, 88 Wash.App. 306, 316-17, 945 P.2d 727 (1997). To meet this standard of proof, the evidence must show the ultimate facts to be highly probable.
Douglas Nw., Inc. v. Bill O'Brien & Sons Constr., Inc., 64 Wash. App. 661, 678, 828 P.2d 565 (1992).
Adverse possession is more difficult to prove,
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Quoting ITT Rayonier, Inc. v. Bell, 112 Wash.2d 754, 774 P.2d 6 (1989)
In order to establish a claim of adverse possession, there must be possession that is: (1) open and notorious, (2) actual and uninterrupted, (3) exclusive, and (4) hostile.
Chaplin v. Sanders, 100 Wn.2d 853, 857, 676 P.2d 431 (1984). Possession of the property with each of the necessary concurrent elements must exist for the statutorily prescribed period of 10 years. RCW 4.16.020. As the presumption of possession is in the holder of legal title,
Peeples v. Port of Bellingham, 93 Wn.2d 766, 773, 613 P.2d 1128 (1980), overruled on other grounds in Chaplin v. Sanders, supra, the party claiming to have adversely possessed the property has the burden of establishing the existence of each element.
Skansi v. Novak, 84 Wash. 39, 44, 146 P. 160 (1915), overruled on other grounds in Chaplin v. Sanders, supra.
Neither cause of action is automatic. You have to go to court and prove that all elements have been satisfied before a court will grant you rights to a neighbor's land.
Re: If a Fence is in the Wrong Place Can You Keep Your Neighbor's Land
Quote:
Quoting
Mr. Knowitall
Neither cause of action is automatic. You have to go to court and prove that all elements have been satisfied before a court will grant you rights to a neighbor's land.
Also be prepared to spend lots and lots of $$$ if you take it to court, plus it will cost your neighbor lots and lots. Whatever the outcome of the court proceedings consider how this will effect your relationship with your neighbor.