Stopping Neighbors from Adversely Possessing Your Land: Tips from an Everett, WA Real Estate Attorney
Concerned about a neighbor adversely possessing your property? This article’s for you. It explains how to stop an adverse possessor from taking your land. The tips in this article are from a practicing adverse possession attorney in Everett, Washington (Snohomish County). Clients typically pay him several hundred dollars for this advice, and here it is for free. Read on!
1. Remove Encroachments. If your neighbor builds, plants, or places something substantial on your land, you should probably remove it. Otherwise one or more encroachments of this kind could ripen into an enforceable adverse possession claim.
But be exceedingly wary of removing encroachments when the affected land’s ownership might be in dispute. If the land turns out to be your neighbor’s—through adverse possession or a mistaken boundary line—you could be liable for treble damages and attorney fees should you harm any trees or other improvements. Cutting down just a few trees on your neighbor’s land can lead to a treble damages award of tens of thousands of dollars.
2. Block Access. If your neighbor routinely uses or travels across your property without your consent, you should block his access. You might, for example, install a fence or gate. Just be careful not to interfere with your neighbor’s legitimate rights. If not careful, you could be found liable to your neighbor for any harm you wrongfully cause.
3. Contact Law Enforcement. If the above two options don’t work, you might try calling the police or sheriff. Law enforcement officers usually decline to involve themselves in these types of disputes, but it’s still worth a try. Calling is free, whereas other options can be expensive.
4. Give Permission. You can defeat an adverse possession claim by giving your neighbor permission to use the land in question. This does not mean giving permission to use the entire parcel; you can give limited permission. For instance, you might grant permission to park on your driveway.
Make sure of two things when giving permission: a) you can unilaterally revoke it (unless you want to grant a permanent right) and b) you neighbor accepts it (unaccepted permission doesn’t defeat adverse possession in Washington).
Best to grant permission via a written “license” contract signed by you and your neighbor. A license is unilaterally revocable, and your neighbor will probably sign it thinking he’s getting an enforceable interest in your land. Have a good attorney draft the license contract for you. A poorly drafted license could accidently convey an easement, which you cannot unilaterally revoke. Or a poorly drafted license might unnecessarily warn your neighbor the license is revocable, which could dissuade your neighbor from signing.
5. Negotiate a Compromise. Another option is to negotiate a property settlement with your neighbor. These compromises often take the shape of boundary line agreements pursuant to RCW 58.04.007. A compromise settlement can be much less expensive than going to court, and it can sometimes salvage neighborly relations. Maintaining amicable relations is often hugely important, as you’ll probably have innumerable future interactions with neighbor in years to come.
6. Go to Court. Last but not least, you can file a quiet title action or ejectment action to stop adverse possession. You should file your court action before your neighbor’s adverse possession claim fully ripens. Adverse possession claims ripen after seven to ten years.
1. Remove Encroachments. If your neighbor builds, plants, or places something substantial on your land, you should probably remove it. Otherwise one or more encroachments of this kind could ripen into an enforceable adverse possession claim.
But be exceedingly wary of removing encroachments when the affected land’s ownership might be in dispute. If the land turns out to be your neighbor’s—through adverse possession or a mistaken boundary line—you could be liable for treble damages and attorney fees should you harm any trees or other improvements. Cutting down just a few trees on your neighbor’s land can lead to a treble damages award of tens of thousands of dollars.
2. Block Access. If your neighbor routinely uses or travels across your property without your consent, you should block his access. You might, for example, install a fence or gate. Just be careful not to interfere with your neighbor’s legitimate rights. If not careful, you could be found liable to your neighbor for any harm you wrongfully cause.
3. Contact Law Enforcement. If the above two options don’t work, you might try calling the police or sheriff. Law enforcement officers usually decline to involve themselves in these types of disputes, but it’s still worth a try. Calling is free, whereas other options can be expensive.
4. Give Permission. You can defeat an adverse possession claim by giving your neighbor permission to use the land in question. This does not mean giving permission to use the entire parcel; you can give limited permission. For instance, you might grant permission to park on your driveway.
Make sure of two things when giving permission: a) you can unilaterally revoke it (unless you want to grant a permanent right) and b) you neighbor accepts it (unaccepted permission doesn’t defeat adverse possession in Washington).
Best to grant permission via a written “license” contract signed by you and your neighbor. A license is unilaterally revocable, and your neighbor will probably sign it thinking he’s getting an enforceable interest in your land. Have a good attorney draft the license contract for you. A poorly drafted license could accidently convey an easement, which you cannot unilaterally revoke. Or a poorly drafted license might unnecessarily warn your neighbor the license is revocable, which could dissuade your neighbor from signing.
5. Negotiate a Compromise. Another option is to negotiate a property settlement with your neighbor. These compromises often take the shape of boundary line agreements pursuant to RCW 58.04.007. A compromise settlement can be much less expensive than going to court, and it can sometimes salvage neighborly relations. Maintaining amicable relations is often hugely important, as you’ll probably have innumerable future interactions with neighbor in years to come.
6. Go to Court. Last but not least, you can file a quiet title action or ejectment action to stop adverse possession. You should file your court action before your neighbor’s adverse possession claim fully ripens. Adverse possession claims ripen after seven to ten years.