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- TACOMA: 253-572-1000
Adverse Possession
Helping with Adverse Possession Disputes in Washington
Generally, in order to become the owner of a piece of land, you must either buy the property or become the recipient of a gift of the property. However, there is a legal doctrine under which an individual may lay claim to a piece of land simply by using that land in a certain manner for a certain period of time. This doctrine is called “adverse possession” and can arise in a number of different types of cases. If you have a legal dispute that involves adverse possession, you should contact an experienced real estate attorney at the Dickson Frohlich Phillips Burgess as soon as possible.
Examples of adverse possession
A common example of adverse possession occurs when a landowner builds a structure—such as a garage or a fence—that is partially on the neighboring owner’s property. Technically, the landowner who built the structure is trespassing on the other’s property. Such trespassing does not have to be intentional; sometimes the owner may rely on an erroneous description of the property on a deed and it may be an honest mistake. However, such encroachment may result in the trespasser actually gaining ownership to the area of land in question.
Requirements for adverse possession in Washington
The requirements for a trespasser to gain legal ownership of a parcel of land through adverse possession vary from state to state. In the state of Washington, the law requires the following for adverse possession to be possible:
- Possession of the land must be actual (meaning physical possession)
- Possession must be open and notorious (meaning onlookers could obviously see the possession)
- Possession must be hostile (without permission of the rightful landowner)
- Possession must be continuous for 7 years if the trespasser has been paying taxes on the land, or for ten years if no taxes were paid.
As you can imagine, adverse possession claims can cause substantial disputes between neighbors when the trespass is discovered. Often, the original landowner may have issues obtaining title insurance while trying to sell the property. In such situations, these claims often end up in court.
Contact an experienced real estate lawyer in Seattle or Tacoma today.
At the Dickson Frohlich Phillips Burgess, our attorneys understand how to help resolve complex real estate disputes involving adverse possession claims and other issues.
Please do not hesitate to call our office for help at (206) 621-1110 or (253) 572-1000 to discuss a potential case.
Attorney Robert Dickson
The core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners. His is a practical approach to law, which strives to balance the need for a successful legal outcome with a client’s financial goals (or constraints). Outside of his private practice, Rob serves as an adjunct professor at the Seattle University School of Law where he teaches real estate litigation. [ Attorney Bio ]
Thomas L. Dickson
Tom is an experienced litigator and the founding partner of the firm. For over 30 years, he’s helped clients prevail in their real estate, construction, and business law matters.
Heather Burgess
Heather represents property owners and developers in all phases of real estate development, from pre-acquisition due diligence through local permitting and appeals.
Robert P. Dickson
The core of Rob’s legal practice is civil litigation, with an emphasis on construction, real estate, and business law. He represents a wide range of clients, from large construction companies to individual homeowners.
Daniel J. Frohlich
Dan’s legal practice focuses on civil litigation, real estate law, business law and probate law. He has more than 10 years of experience as an attorney serving clients throughout Western Washington.
Mark S. Johnson
Mark’s legal practice focuses on civil litigation, real estate law, business law and family law. He works tirelessly to help his clients achieve the outcome they are looking for.
Trevor A. Zandell
Since graduating with honors from law school in 2005, Trevor has been serving the legal needs of businesses, individuals, and families across Southwest Washington.
Daniel E. Pizarro
As an associate at Dickson Frohlich Phillips Burgess, Daniel is active in the firm’s civil litigation department. His practice is mainly centered around real estate law, landlord-tenant law, construction law, and probate law.
Alexander J. Wisbey
Alexander Wisbey comes to the firm with 5 years of experience as a litigator and trial attorney. He has first chaired several jury trials and has extensive experience handling arbitrations, mediations, depositions, and settlements.
Andrew Hata
Andrew is the head of our Transactional Department and focuses his practice on corporate governance, real estate transactions, commercial contracts, and corporate finance.
Kelley Duggan
As an associate at Dickson Frohlich Phillips Burgess, Kelley practices in a wide range of areas, including estate planning, probate, civil litigation, and intellectual property law.
Cambria A. Queen
Cambria is an Associate with Dickson Frohlich Phillips Burgess in the civil litigation department, where she practices primarily real estate and probate law.
George Knight
As an associate at Dickson Frohlich Phillips Burgess, George is active in the firm’s civil litigation and transactional departments. His practice is mainly centered around business law, real estate law, construction law, employment law, and probate law.
Chris Pierce-Wright
Chris comes to Phillips Burgess Tacoma from Seattle, where he served as an associate attorney focused on insurance litigation with Wilson Smith Cochran Dickerson.
Jennifer Yoo
Jennifer is an associate attorney at Dickson Frohlich Phillips Burgess where her current practice focuses on real estate law, contract and commercial disputes, and business law.
Katherine E. Baals
As an associate at Dickson Frohlich Phillips Burgess, Katherine practices in a range of areas, including real estate, construction, business, and civil litigation.
Kenneth Chan
As an associate at Dickson Frohlich Phillips Burgess, PLLC, Kenny is active in the firm’s civil litigation and transactional departments. Prior to working at Dickson Frohlich Phillips Burgess, Kenny was an in-house attorney for a Fortune 100 company.
Brian Buske
Following his graduation from Lewis & Clark Law School, Brian garnered valuable client experience working on international compliance and intellectual property issues.
Kyla S. Bennett
As an associate at Dickson Frohlich Phillips Burgess, Kyla practices in a range of areas, including real estate, land use, and civil litigation.
