BILL REQ. #:  S-3624.1 

Read first time 01/11/2006.   Referred to Committee on Judiciary.

     AN ACT Relating to adverse possession; adding a new section to chapter 7.28 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature intends to add the elements of (1) substantial improvement and (2) contiguous property ownership to the common law elements of adverse possession, which are: Actual, open, notorious, exclusive, hostile, and continuous possession. The legislature intends that prior to taking property from the true owner, the adverse possessor must have made substantial improvements upon the property at issue and such improvements must have remained on the property for at least ten years.

NEW SECTION.  Sec. 2   A new section is added to chapter 7.28 RCW to read as follows:
     (1) A person may acquire title to real property by adverse possession only if:
     (a) The person has maintained actual, open, notorious, exclusive, hostile, and continuous possession of the property for the period set forth in RCW 4.16.020;
     (b) The person has made or erected substantial improvements upon the property at issue and such improvements have remained on the property for at least ten years;
     (c) The person owns property that is contiguous to the property at issue; and
     (d) The person proves each of the elements set forth in this section by clear and convincing evidence.
     (2) For purposes of this section:
     (a) "Contiguous" means property adjoining or touching by common corner or otherwise.
     (b) "Substantial improvement" means a permanent or semipermanent structure or enclosure for which the adverse possessor obtained a building permit for the construction of the structure or enclosure.
     (3) This section applies to all causes of action commenced on or after July 1, 2006, regardless of when the cause of action arose. To this extent, this section applies retroactively, but in all other respects it applies prospectively.