SENATE BILL REPORT

SB 6621

BYSenators Rasmussen, Pullen, Hansen and Barr

Revising requirements for possession and periods for commencement of actions involving real property.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 4, 1988

Senate Staff:Jon Carlson (786-7459)

AS OF FEBRUARY 1, 1988

BACKGROUND:

Adverse possession is a method of acquiring title to real property by possession for a statutory period of time under certain conditions.  Current law generally requires that a person be in possession of the property for ten years before an action to quiet title can be initiated.  In certain specific circumstances, the period of possession is reduced to seven years.  It is recommended that the statutory periods of possession be increased to ensure that other parties have a sufficient period within which to claim or assert their right to the property.

SUMMARY:

A person claiming title to real property by adverse possession must be in possession of the property for twenty years prior to the commencement of the action.

The statutory period for adverse possession actions involving title, color of title, or vacant and unoccupied land is fifteen years.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested