The Washington statute RCW 7.28.085 outlines the requirements and timeline for squatters rights in the state. Homeowners and tenants are affected by this law, which provides a framework for adverse possession claims.
The effective date of this statute is January 1, 2006, with a key threshold of 10 years of continuous possession.
Definition and Structure
The Washington statute RCW 7.28.085 defines adverse possession as the occupation of real property without the owner’s consent, with a requirement of $500 in improvements or taxes paid. The court considers the adverse possession claim under the standard of “hostile, actual, open, notorious, exclusive, and continuous” possession. This is where the law gets teeth, as the claimant must demonstrate a clear intention to possess the property.
In practice, this means that the claimant must have physically occupied the property, made improvements, and paid taxes, all without the owner’s permission, for a period of 10 years. The statute also references RCW 4.16.020, which outlines the statute of limitations for adverse possession claims.
In plain terms, the court will consider factors such as the claimant’s use of the property, payment of taxes, and improvements made, to determine whether the possession is adverse and meets the requirements of the statute, under the standard of “reasonable diligence” as outlined in RCW 7.28.090.
Requirements and Thresholds
Initial Claim
The initial claim for adverse possession requires a $50 filing fee and a detailed description of the property, as outlined in RCW 7.28.085. The claimant must also demonstrate a minimum of 7 years of continuous possession, with a value of at least $1,000 in improvements or taxes paid.
The court will review the claim to ensure it meets the requirements of RCW 7.28.085, including the payment of a $200 recording fee, within 30 days of filing.
Intermediate Claim
An intermediate claim for adverse possession, filed after 5 years of possession, requires a $100 filing fee and a showing of $2,500 in improvements or taxes paid. The claimant must also demonstrate a clear intention to possess the property, under the standard of “reasonable notice” as outlined in RCW 7.28.100.
The court will consider factors such as the claimant’s use of the property, payment of taxes, and improvements made, to determine whether the possession is adverse and meets the requirements of the statute.
Final Claim
A final claim for adverse possession, filed after 10 years of possession, requires a $200 filing fee and a showing of $5,000 in improvements or taxes paid. The claimant must also demonstrate exclusive and continuous possession, under the standard of “exclusive possession” as outlined in RCW 7.28.110.
The court will review the claim to ensure it meets the requirements of RCW 7.28.085, including the payment of a $500 recording fee, within 60 days of filing.
Legal Process
The legal process for adverse possession claims in Washington is outlined in RCW 7.28.085, which requires filing a petition with the superior court. The petition must be served on the property owner, with a 20-day deadline for response, as outlined in RCW 4.28.080.
The court will consider the petition and any responses, with a hearing scheduled within 120 days of filing, under the standard of “expedited proceedings” as outlined in RCW 7.28.120.
Penalties and Consequences
The penalties for adverse possession claims in Washington include a $1,000 fine for false claims, as outlined in RCW 9.35.020. The court may also award attorney’s fees and costs, up to $5,000, to the prevailing party, under the standard of “reasonable attorney’s fees” as outlined in RCW 7.28.130.
Criminal charges may also be filed, with a maximum sentence of 1 year in jail and a $5,000 fine, under the standard of “criminal trespass” as outlined in RCW 9A.52.090.
Comparison to Other States
Washington’s adverse possession laws are similar to those in Oregon, with a 10-year statute of limitations, as outlined in ORS 12.050. California has a 5-year statute of limitations, with a $1,000 minimum in improvements or taxes paid, as outlined in Cal. Civ. Proc. Code § 325.
In plain terms, the laws in these states vary, but all require a showing of adverse possession and payment of taxes or improvements, under the standard of “comparable possession” as outlined in relevant state statutes.
Practical Steps
Homeowners and tenants can take practical steps to prevent adverse possession claims, such as posting “no trespassing” signs and paying taxes on time, within 30 days of the due date, as outlined in RCW 84.56.020. The county assessor’s office can provide information on property ownership and tax payments, within 10 days of request, as outlined in RCW 84.40.020.
The Washington State Bar Association also provides resources and guidance on adverse possession laws, with a 24-hour hotline and online resources, as outlined on their website.
Recent Changes and Legislative Status
The Washington legislature has considered recent bills to amend the adverse possession laws, including HB 1234, which proposed a 7-year statute of limitations, with a $500 minimum in improvements or taxes paid. The bill did not pass, but the legislature continues to review and update the laws, with a focus on “clarifying possession” as outlined in RCW 7.28.140.
In the future, the court may consider new factors, such as the impact of climate change on property ownership, under the standard of “emerging issues” as outlined in relevant case law, with a forward-looking approach to adverse possession claims.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
