This article is meant as an overview and explanation of the main differences between a claim seeking title by adverse possession, on the one hand, and a claim seeking to establish the existence of a prescriptive easement, on the other.
As an attorney who practices extensively in the area of real property litigation, I am frequently called upon to prosecute or defend cases involving a claim of adverse possession, and am approached by individuals who either have only a basic understanding of what adverse possession is, or who have formed misconceptions about what it means and how the doctrine is applied. This article is intended as a primer for non-attorneys — individuals who are interested in learning the basic contours of the doctrine of adverse possession as it applies in the state of Washington (although the law of adverse possession is similar if not identical in most states).
Anybody who buys or sells residential real estate (as well as the agents and brokers who assist in structuring and evaluating offers) should be aware of the significant consequences of changes made to the standard MLS Purchase and Sale Agreement form. It has long been the law in Washington that a seller of real estate … Continued