Legal Question in Real Estate Law in Washington

emminent domain

I have used my neighbors rear property for 10 years or more to park my trailer and a large boat and jeep. She recently died and the new owners are telling me I need to move these things so they can build a slab. I say I have emminent domain since I've used this property for so long. Am I right?


Asked on 7/13/07, 6:18 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: emminent domain

Only governmental entities get to call it eminent domain, but you are on the right track.

I cannot tell without looking at the map and the descriptions precisely what is going on; you may own the property by adverse possession, or you may have an easement.

I don't have enough information to tell you. However, you really should consult with a local real estate attorney promptly, and likely BEFORE you agree to move your personal property (the trailer, boat and jeep).

AP requires open, notiorious, actual, exclusive, hostile (term of art, that) and under claim of right for the statutory period.

Here, ten years will do it.

Chances are you have not been paying the taxes. That would change the statutory period from ten years to seven.

I can think of several fine, local attorneys who I would happily recommend to deal with this, if you would like a referral.

Best regards, Elizabeth Powell

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Answered on 7/13/07, 8:21 pm


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