READ FIRST TIME 01/21/11.   

     AN ACT Relating to adverse possession; adding new sections 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   A new section is added to chapter 7.28 RCW to read as follows:
     (1) In an action asserting title to real property by adverse possession, the person asserting the claim must prove each element of the claim by clear, cogent, and convincing evidence.
     (2) The prevailing party in an action asserting title to real property by adverse possession may request the court to award costs and reasonable attorneys' fees. The court may award all or a portion of costs and reasonable attorneys' fees to the prevailing party if, after considering all the facts, the court determines such an award is equitable and just.
     (3) This section does not apply to claims of adverse possession brought under RCW 7.28.050, 7.28.070, or 7.28.085.

NEW SECTION.  Sec. 2   A new section is added to chapter 7.28 RCW to read as follows:
     (1) A party who prevails against the holder of record title at the time an action asserting title to real property by adverse possession was filed, or against a subsequent purchaser from such holder, may be required to:
     (a) Reimburse such holder or purchaser for part or all of any taxes or assessments levied on the real property during the period the prevailing party was in possession of the real property in question and which are proven by competent evidence to have been paid by such holder or purchaser; and
     (b) Pay to the treasurer of the county in which the real property is located part or all of any taxes or assessments levied on the real property after the filing of the adverse possession claim and which are due and remain unpaid at the time judgment on the claim is entered.
     (2) If the court orders reimbursement for taxes or assessments paid or payment of taxes or assessments due under subsection (1) of this section, the court shall determine how to allocate taxes or assessments between the property acquired by adverse possession and the property retained by the title holder. In making its determination, the court shall consider all the facts and shall order such reimbursement or payment as appears equitable and just.

NEW SECTION.  Sec. 3   This act applies to actions filed on or after July 1, 2012.