What is adverse possession?

Adverse possession is a legal concept that is recognized in the state of Washington. It is a process in which someone can acquire rights to real estate property that they do not have title to. A person acquires title to the property through open, notorious and hostile possession that is continuous for a period of at least ten years. Open possession is when the individual openly uses the land, such as building a house on it. Notorious possession is when the possession is so visible that the true owner is aware of it. Hostile possession is when the possessor uses the property without the permission of the true owner. In Washington, the adverse possessor must also prove that they have paid all taxes on the property and that they have a good faith belief that they own the property or they must prove that they have been in possession of the land for a period of at least 20 years. If a person meets all of these requirements, they can acquire title to the property through adverse possession. The person claiming title through adverse possession must file a claim in court to have title formally transferred to them.

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