Even when there isn’t a written agreement, a court may find that an easement exists. The big four – Prescriptive Easements, Easements by Estoppel, Easements of Necessity, and Easements by Implication. An overview of the easements that a court may find run across your property.
Your neighbor’s trees. Washington’s Court of Appeals restates the State Supreme Court’s holding in Gostina v. Ryland – if a tree’s root stray’s onto your property, you may cut it off, even if it damages the tree.
Adverse possession in Washington State requires a showing of: (1) open and notorious, (2) actual and uninterrupted, (3) exclusive, and (4) hostile possession of land for the statutory period. As noted by the Court of Appeals, these phrases are not clear and do not track with modern English. This post examines the first element, “Open and Notorious,” and how it has been interpreted by Washington Courts.
What does Exclusive Possession in an adverse possession case mean? Under Washington case law, use of the disputed property by the true or titled owner may not be sufficient to defeat an adverse possession claim.
Court finds that agreement on boundary line did not convert use to permissive. Rather, Court noted that “hostile” use means treating property as one’s own and an agreement on the boundary line, did not convert use to permissive use..
You see a catchy advertisement for a home on a golf course. Can the owner of the golf course later convert it to a residential subdivision? In Riverview Community Group v. Spencer & Livingston, Case Number 88575-3 (November 20, 1014), … Continue reading →
It’s my property and I’ll do whatever I want on it? You’ve heard this phrase before, but what if you hear it from your neighbor and what he wants to do is to purposefully build a fence solely to destroy … Continue reading →
As noted in a previous post, this question was answered in Washington in the Buck Mountain case. In Oregon, the Legislature has addressed the question – ORS 105.170-185, giving powerful tools to users of shared easements to ensure that they … Continue reading →
An ongoing source of frustration between neighbors are trees. Usually the tree is clearly on one neighbor’s property, but its branches cross the property line. An alternative is that the tree’s roots cross the property line. While the offending branch … Continue reading →
As in Washington State (See Previous Post – My What Pretty Property You Have), adverse possession in Oregon requires that a claimant satisfy something of a standard test that the claimant and their predecessors in interest have maintained: (1) actual; … Continue reading →