Legal Question in Real Estate Law in Washington
Real Estate "Adverse Possession".
Can someone claim adverse possession on an easement dedicated to the plat? This area has been fenced since 1985. Neighbor has recently concreted over our easement. All people within our PUD have equal and undived interest in this area.Your help is very much appreciated. Dedicated as a childrens tot lot.
Other neighbors have also fenced off these areas.
1 Answer from Attorneys
Re: Real Estate
Generally, for someone to assert adverse possession of real property, even if it happens to have a dedicated easement on it, they must possess the propety openly and hostily (in other words by claiming exclusive title), for a period of years. In the state of Washinton, a claim for adverse possession accrues after six years.
I cannot tell from the information you have given, but if the parcel you are describing was fenced by the person who covered the parcel with concrete, then there may be a claim for adverse possession. Obviousely, many other factors may affect that determination. I suggest that the affected neighbors collectively consult an attorney qualified in real estate in Washington to get a more complete decision.
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