BILL REQ. #:  H-0144.2 

Prefiled 12/14/10. Read first time 01/10/11.   Referred to Committee on Judiciary.

     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 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 is liable for the costs and reasonable attorneys' fees of the party defending against the claim of adverse possession.
     (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:
     The prevailing party in an action involving a claim of adverse possession of real property is liable for any taxes levied on the real property during the period of adverse possession that were paid by another party or that are owed to the county assessor of the county in which the real property is located.

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