Washington Land Use & Zoning Questions & Answers

Q: Would a current Land Patent from 1865, supersede the 1969 Clark, WA, code regulation regarding land use in a flood way ?

1 Answer | Asked in Contracts, Real Estate Law, Land Use & Zoning and Patents for Washington on
Answered on Apr 25, 2017

A land patent is the highest proof of title over land. It is extremely authoritative. With that said, the laws of the jurisdiction will dictate your ability to use and develop the property. Ownership is only a piece of the puzzle. Your rights to improve the property are still subject to Oregon law.

Q: Can my neighbor claim adverse possession to 6 in of land inside my property line, but on the outside of a fence I built?

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Washington on
Answered on Sep 13, 2016

The state law governing adverse possession is at RCW 7.38 (http://app.leg.wa.gov/RCW/default.aspx?cite=7.28&full=true). Generally, to make such a claim they must have been actually possessing the land in an open, notorious fashion, in good faith, under a claim of right for a period of 7 years, while paying taxes on it and making permanent improvements. If you start your fence move and they sue under a claim of adverse possession, you'll need an attorney who has a practice in real property law....

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