Washington Adverse Possession Law Changed to Provide for Attorneys’ Fees and Payment


Parties to a lawsuit over adverse possession of real property will have some new provisions to take into account as a result of a new law passed by the Washington State Legislature and signed by the governor. Engrossed Substitute House Bill 1026 (“ESHB 1026”) changed the Washington adverse possession statute, RCW 7.28, to allow for a prevailing party to recover attorneys’ fees. It also permits a court to order a successful adverse possessor to reimburse taxes and assessments paid by the title holder during the time that the plaintiff was in possession of the property and for taxes that accrued during the lawsuit. Before the amendments, Washington’s adverse possession statute did not provide for any recovery of attorneys’ fees and made no mention of taxes and assessments. The changes to the law, particularly the allowance for attorneys’ fees, could result in more settlements of adverse possession cases to avoid the potential high costs of trial and risk of loss.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Lane Powell PC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.