Understanding Adverse Possession in Washington State
Construction is one of the fastest growing industries around the country and in the state of Washington. It is also extremely competitive, with many companies competing for a small amount of available land.
Land use within Washington State is dictated by the state’s “Growth Management Act,” which outlines a strict and comprehensive framework for how and where growth should occur. However, as land dwindles, some builders and developers have begun to take a more lax approach regarding the boundaries of their property. As such, it is important for those construction companies to understand the implications of adverse possession laws in Washington State, and why the law can dictate construction effectiveness and efficiency.
What is Adverse Possession?
Adverse possession refers to a certain version of land use that is technically illegal, but has become legalized after a certain time frame. The reason adverse possession is illegal is that it runs contrary to the purpose of the law: to allow anyone to claim what rightfully belongs to them. In the case of adverse possession, a property becomes free and clear of any other person who could have ownership over it.
Requirements of Adverse Possession in Washington State
Under the Revised Code of Washington § 7.28.050, there are three qualifications for the acquisition of land via adverse possession:
How it Affects Construction Projects and Budgets
While adverse possession laws in Washington State may seem detached from construction law, they have a major role to play in the expansion and fortification of Washington State infrastructure. For example, construction companies that build new infrastructures like roads and bridges are required to purchase an exorbitant amount of land for their projects. If the company is unaware of adverse possession laws that may be at play in their area, it is possible to spend millions on the purchase of what you believe to be vacant land, only to later find out that it actually belongs to someone else.
Mistakes that occur under these circumstances cost far more than conforming to the law in the first place. In essence, it is much cheaper to pay a little extra for thorough research regarding land use and property boundaries than it is to go through the legal process of acquiring the land at a later date.
Examples of Construction Projects Affected by Adverse Possession
In a number of cases, adverse possession has played a role in major construction projects, with the land in question situated next to the site of the project. One example occurred in Seattle at the Magnuson Park, where a 4.5-acre parcel of land was accidentally purchased by the park service. Once developers learned of the property, they attempted to incorporate it into the project. The ensuing battle between the park service and the developer went on for several years before an agreement was ultimately reached.
Preventing Adverse Possession Disputes
The best way for construction companies to prevent an adverse possession dispute from arising is to educate themselves on the laws that govern the acquisition of private property. Before moving forward with a project, obtain information on who currently owns the land, if the landowner is nearby, and if the construction project will inadvertently interfere with the use of that land.
Legal Options in Adverse Possession Claims
Adverse possession claims can be tough to prove, and if you have recently been involved in adverse possession litigation, represented by counsel who understands these laws. In proving your claim, the defendant must be shown to have known or should have known that you were in possession of their property. If you have evidence to support your claim, such as witnesses or documented evidence, you may have a strong case. As with all cases, however, make sure to hire an attorney who has experience in defending adverse possession claims.