S-0317.1  _______________________________________________

                         SENATE BILL 5129

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Heavey, McCaslin, Deccio and Roach

Read first time 01/13/1999.  Referred to Committee on Judiciary.

Expanding the requirements for adverse possession claims.

    AN ACT Relating to adverse possession; and adding new sections to chapter 7.28 RCW.

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

NEW SECTION. Sec. 1.  The legislature finds that the statutory law governing the elements of adverse possession should be explicitly stated in the statute in order to allow people to more clearly understand property rights in this state.  Section 2 of this act sets forth the common law elements presently required in Washington before a claim for adverse possession of real property will be granted.  The legislature intends to add the element of "honest belief" 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 hold an honest belief that he or she is the true owner of the property in question.

    The provisions of this section are not intended to change any of the statutory law or common law elements of adverse possession relating to colorable title or payment of taxes.

NEW SECTION. Sec. 2.  (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) At the time the person claiming by adverse possession first entered into possession of the property, the person entering into possession had the honest belief that he or she was the actual owner of the property and that belief:

    (i) By the person continued throughout the vesting period;

    (ii) Had an objective basis; and

    (iii) Was reasonable under the particular circumstances; and

    (c) The person proves each of the elements set forth in this section by clear and convincing evidence.

    (2) A person maintains hostile possession of property if the possession is adverse to that of the true owner.

    (3) The adverse possessor obtains the same interest in the property that the person who owned the present possessory estate held when the adverse possession began.

    (4) If a person is claiming property under this section by utilizing the interests of a predecessor in interest, that predecessor in interest must also have met the requirements of subsection (1)(a), (b), and (c) of this section.

    (5) This section applies to civil actions filed on or after July 1, 1999.

NEW SECTION. Sec. 3.  Sections 1 and 2 of this act are each added to chapter 7.28 RCW.

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