BILL REQ. #:  H-1079.1 

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 involving a claim 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) In an action involving a claim asserting title to real property by adverse possession, the person asserting the claim of adverse possession may be required to pay the costs and reasonable attorney fees of the party defending against the claim of adverse possession if, considering all the facts, the fact finder determines that such an award is appropriate in order to do justice between the parties.
     (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 on a claim of adverse possession of real property against the holder of record title to the real property at the time the action involving the claim was filed or against a subsequent purchaser from such holder may be required to:
     (a) Reimburse such holder and/or purchaser for part or all of any taxes or assessments levied on the real property that are proven by competent evidence to have been paid by such holder or purchaser during the period that the prevailing party was in possession of the real property in question; and
     (b) Pay to the county treasurer of the county in which the real property is located part or all of any taxes or assessments levied on the real property that are due after the filing of the adverse possession claim and that remain unpaid at the time judgment on the claim is entered.
     (2) The fact finder shall determine what, if any, reimbursement and/or payment of taxes and assessments under this section is appropriate in order to do justice between the parties.

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