SENATE BILL 6317
State of Washington 55th Legislature 1998 Regular Session
By Senators Zarelli and Stevens
Read first time 01/15/98. Referred to Committee on Law & Justice.
AN ACT Relating to adverse possession; amending RCW 4.16.020 and 7.28.010; adding a new section to chapter 4.16 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The purpose of this act is to abolish the common law doctrine of adverse possession but to retain that doctrine as it existed before the effective date of this act, limited to situations in which all requirements for altering the ownership of real property under the doctrine had been met before the effective date of this act.
Sec. 2. RCW 4.16.020 and 1994 c 189 s 2 are each amended to read as follows:
The period prescribed for the commencement of actions shall be as follows:
Within ten years:
For actions for the recovery of real property, or for the recovery of the
possession thereof; and no action shall be maintained for such recovery unless
it appears that the plaintiff, his or her ancestor, predecessor or grantor was
seized or possessed of the premises in question within ten years before the
commencement of the action. (2))) For
an action upon a judgment or decree of any court of the United States, or of
any state or territory within the United States, or of any territory or
possession of the United States outside the boundaries thereof, or of any
extraterritorial court of the United States, unless the ten-year period is
extended in accordance with RCW 6.17.020(3).
(2) Of the eighteenth birthday of the youngest child named in the order
for whom support is ordered for an action to collect past due child support
that has accrued under an order entered after July 23, 1989, by any of the
above-named courts or that has accrued under an administrative order as defined
in RCW 74.20A.020(6), which is issued after July 23, 1989.
NEW SECTION. Sec. 3. A new section is added to chapter 4.16 RCW to read as follows:
(1) Except as provided under subsection (2) of this section, actions to recover real property may be maintained at any time.
(2) A person who met the conditions necessary to obtain ownership of real property under the common law doctrine of adverse possession, as that doctrine existed under RCW 4.16.020 before the effective date of this act, may maintain an action to quiet title following the procedures, conditions, and restrictions as they existed before the effective date of this act.
Sec. 4. RCW 7.28.010 and 1911 c 83 s 1 are each amended to read as follows:
Any person having a valid subsisting interest in real property, and
a right to the possession thereof, may recover the same by action in the
superior court of the proper county, to be brought against the tenant in
possession; if there is no such tenant, then against the person claiming the
title or some interest therein, and may have judgment in such action quieting
or removing a cloud from plaintiff's title((
; an action to quiet title may
be brought by the known heirs of any deceased person, or of any person presumed
in law to be deceased, or by the successors in interest of such known heirs
against the unknown heirs of such deceased person or against such person
presumed to be deceased and his unknown heirs, and if it shall be made to
appear in such action that the plaintiffs are heirs of the deceased person, or
the person presumed in law to be deceased, or the successors in interest of
such heirs, and have been in possession of the real property involved in such
action for ten years preceding the time of the commencement of such action, and
that during said time no person other than the plaintiff in the action or his
grantors has claimed or asserted any right or title or interest in said
property, the court may adjudge and decree the plaintiff or plaintiffs in such
action to be the owners of such real property, free from all claims of any
unknown heirs of such deceased person, or person presumed in law to be
deceased; and an action to quiet title may be maintained by any person in the
actual possession of real property against the unknown heirs of a person known
to be dead, or against any person where it is not known whether such person is
dead or not, and against the unknown heirs of such person, and if it shall
thereafter transpire that such person was at the time of commencing such action
dead the judgment or decree in such action shall be as binding and conclusive
on the heirs of such person as though they had been known and named; and in all
actions, under this section, to quiet or remove a cloud from the title to real
property, if the defendant be absent or a nonresident of this state, or cannot,
after due diligence, be found within the state, or conceals himself to avoid
the service of summons, service may be made upon such defendant by publication
of summons as provided by law; and the court may appoint a trustee for such
absent or nonresident defendant, to make or cancel any deed or conveyance of
whatsoever nature, or do any other act to carry into effect the judgment or the
decree of the court)).
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