S-1977

AN ACT Relating to adverse possession and prescriptive easements; amending RCW 4.16.020 and 7.28.010; adding a new section to chapter 7.28 RCW; creating new sections; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds the doctrines of adverse possession and prescriptive use rights have the effect of rewarding wrongdoers with title to land or use of land they have not paid for and for which they have not paid taxes. The legislature intends to modernize these doctrines to provide increased clarity and certainty in the establishment of real property interests. The legislature also intends to prevent unjust depravation of title or use of land and to encourage landowners and land users to ascertain and to build within their boundary lines.

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:

(1) Within ten years:

((~~(1)~~)) (a) Except when subsection (2) of this section applies, 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)~~)) (b) 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).

((~~(3)~~)) (c) 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.

(2) Actions for the recovery of land against a person who is or may be in adverse possession, or who is or may be making prescriptive use thereof, shall be brought within fifteen years after commencement of such possession or use where entry onto the land begins on or after August 1, 1999; and no person shall gain title to or rights in another's land by adverse possession or prescription until such possession or use shall have been proven to have continued for fifteen years.

Sec. 3. RCW 7.28.010 and 1911 c 83 s 1 are each amended to read as follows:

(1) Except when subsection (2) of this section applies, 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 or her 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 or her 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 or herself 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.

(2) Actions to quiet title that are based upon an allegation of adverse possession or prescriptive use may not be brought sooner than fifteen years after commencement of such possession or use where entry onto the land begins on or after August 1, 1999; and no person shall gain title to or rights in another's land by adverse possession or prescription until such possession or use shall have been proven to have continued for fifteen years.

NEW SECTION. Sec. 4. A new section is added to chapter 7.28 RCW to read as follows:

The landowner shall be entitled to the following protection:

It shall be an affirmative defense to any claim of adverse possession or prescriptive easement that the landowner gave permission to use the land at any time during the applicable time period specified in RCW 4.16.020 or 7.28.010 to the person claiming title by adverse possession or a prescriptive easement. A certified letter, return receipt requested, delivered at any time during the applicable time period specified in RCW 4.16.020 or 7.28.010 by the landowner to the person claiming title by adverse possession or a prescriptive easement granting permission to use the land is conclusive evidence that subsequent use is permissive.

NEW SECTION. Sec. 5. The title of this act shall be "Adverse Possession beginning after August 1, 1999."

NEW SECTION. Sec. 6. This act takes effect August 1, 1999.