What does adverse possession mean?
Property and fence line disputes

What does adverse possession mean?

Adverse possession is the legal term for a process in which a person can acquire legal ownership of another person’s property. Typically, the adverse possessor must spend a certain amount of time (usually at least 10 years) residing on the property being claimed. When people think of adverse possession, they usually think of “squatter’s rights” but this doctrine much more commonly involves boundary and fence-line disputes.

Boundary line and Fence Line disputes 

We’ve all heard the phrase “good fences make good neighbors” but what if your fence isn’t exactly on the property line? Say you buy a house with a fence and live there peacefully for years. Then one day, your neighbors want to do a remodel and realize that the fence which was built twenty years ago, is actually two feet over the property line onto your neighbor's property (or vice versa). If either side can meet certain requirements, that fence becomes the actual boundary line between the properties.

Can property really transfer without the owner’s consent?

It depends! There are a number of conditions that must be met by the “taking” party for adverse possession to go into effect. In Washington State, you must actually, continuously, openly/notoriously, hostilely, and exclusively use and maintain the property for at least 10 years. 

• Actually: You need to use the land you are attempting to possess, such as by maintaining, gardening, or harvesting the land. 

• Continuously: You must continue to use the land for the entire duration of the 10 years.  In the instance of a “boundary fence” if you can demonstrate that the previous owner also used the fence as a boundary fence, you can stack these years as well. 

• Openly/notoriously: You need to use and claim the land in a way that they can be seen, a visual and physical boundary qualifies as open and notorious.

• Hostilely: The use of the land must be without the owner’s permission.  For example, if you allow someone to walk across a path on your property, even if they are the only person that uses this path, permissive use does not give a rise to adverse possession. 

• Exclusively: You must be the only user of the land during the period to claim adverse possession.  Joint driveways, communal paths or gardens, would not be exclusive use, which is why fences tend to be the traditional way of demonstrating exclusivity.

These are general conditions where the transfer of property occurs.  In practice, the litigation may be more complex.  Every case is different and different counties and judges may have different tendencies.  

Determining whether all of the conditions for adverse possession are met will decide the fate of your property. The best course of action if you are in a boundary line or fence line dispute is to consult with an experienced attorney who can help you navigate this complex issue. If you are in need of a real estate attorney, contact Funke Law Firm today!

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