BILL REQ. #:  H-4159.1 

Read first time 01/17/2006.   Referred to Committee on Judiciary.

     AN ACT Relating to adverse possession; amending RCW 7.28.010 and 4.16.020; adding a new section to chapter 4.16 RCW; and adding a new section to chapter 7.28 RCW.

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

Sec. 1   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 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)) twenty 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. In an action claiming adverse possession, continuity of possession for the requisite time limit is not established by privity between successive occupants holding adversely to the holder of the true title, unless the interest passed to the plaintiff pursuant to a will or by intestate succession.

Sec. 2   RCW 4.16.020 and 2002 c 261 s 2 are each amended to read as follows:
     The period prescribed for the commencement of actions shall be as follows:
     (1) Within ((ten)) twenty years:
     (((1))) 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)) twenty years before the commencement of the action. In an action claiming adverse possession, continuity of possession for the requisite time limit is not established by privity between successive occupants holding adversely to the holder of the true title, unless the interest passed to the plaintiff pursuant to a will or by intestate succession.
     (2) Within ten years:
     (a) 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 period is extended under RCW 6.17.020 or a similar provision in another jurisdiction.
     (((3))) (b) 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:
     The prevailing party in any proceeding concerning adverse possession of real property must pay to the county auditor of the county in which the real property is located an amount equal to the property taxes paid by another party or owed with regard to the real property during the period of the adverse possession. The county auditor shall reimburse any party to the proceeding other than the prevailing party for any taxes actually paid with regard to the real property during the period of the adverse possession.

NEW SECTION.  Sec. 4   A new section is added to chapter 7.28 RCW to read as follows:
     In any action involving adverse possession:
     (1) It shall be an absolute defense to any claim of adverse possession, if proved by a preponderance of the evidence, that the person asserting adverse possession originally entered onto the land with the intent to acquire fee title or use rights in the property.
     (2) The person asserting adverse possession must show a clearly identified boundary line demonstrating his or her use of the land for the period of limitations.
     (3) If the landowner gave written notice, by certified mail to the person claiming adverse possession, that the landowner is aware of the trespass at any time during the statutory period of limitations, any use of the land subsequent to the date of notice by the person asserting adverse possession, or anyone else residing at the address where the notice was sent, shall be deemed to be permissive as of the date of the notice.