Adverse Possession, understanding when you do not own what your deed says you own.

First and foremost, nothing in this blog, on this specific page or it’s entirety, constitutes legal advice. Should you require legal advice, consult an attorney. Additionally, this article is based on my knowledge and experience in Washington State, not all states treat the following issues the same. “Your millage may vary.”

On more than one occasion, I have been asked (even told) to cross a fence and set a property corner on the other side, because their deed says they own it. In almost every circumstance, I was required to say no. I will explain why, but first we need some understanding of property ownership and adverse possession in Washington State.

Deed vs. Possession. In Washington State, ownership of Blackacre (a hypothetical plot of land we will use in this discussion) is formally conveyed by deed, be it a warranty deed, quit claim deed, or some other form of deed, which is typically recorded at the county auditor/recorders office. When you have recorded the deed saying you own the property, it is commonly referred to as having “Title” to the property.

What Blackacre you physically have possession of is generally referred to as Ownership. What constitutes physical possession you might ask, and if you did, that is a great question. Generally speaking (and again, this is not legal advice) possession of Blackacre is what you show to the world as yours. You put up a fence around your property, you mow up to that fence, you do not cross the fence and maintain the other side, or use it for storage, or cut wood. In short, you treat that fence line as the edge of your property. Now a fence is not required to show the limits of your ownership, but it certainly can be a big sign.

Lets say this fence is over ten years old, the fence has always been easily visible, you or the previous owners have maintained the fence, fixed it, and have never abandoned it or the property, maybe even told kids to get out of your yard when you saw them hoping the fence. Then one day, your neighbor hires a surveyor, and when the survey is done, they bring you a map that shows the property line as being 4 feet inside your fence, and is telling you that you must move it.

So who’s property is it?

This could be an instance of when ownership may not match title.

This is frequently caused by a Common Law doctrine know as “Adverse Possession” (not to be confused with that statutory “Adverse possession under claim and color of title” found in RCW 7.28.070.) According to the Beresford Booth website (retrieved 11/13/2025) Adverse Possession requires 4 elements, with the 5th being the length of time the adverse possession must be in existence. Those elements are as follows, 1) Exclusive, you have to treat it like it is your property, and not sharing it with someone else. 2) Actual and uninterrupted, meaning you, and or the previous owners (because the timer transfers to new owner, it does not start over) owned and lived in the house. It cannot have sat abandoned and unmaintained during the required time period. 3) Open and Notorious, it cannot be done in secret, or by hiding the adverse activity. 4) Hostile, this does not mean you have to argue with the other land owner, it means you cannot have title to it, be that an actual deed of ownership, or an easement, among other things. The fifth element is time (and a GREAT movie), it must be for a period of 10 years.

Here is the important point, when all 4 elements are meet for the entire 10 year period, the OWNERSHIP (but not title) transfers to the possessor (possession is 9 tenths of the law as they say.) So if the adverse possession started in 1985, and met all the requirements into 1995 and beyond, then from 1995 onward, that property belongs to the adverse possessor. To get TITLE to it, the adverse possessor has to bring a claim before the courts. The court (Judge) determines if, and when, all the elements were met, and when (in the past) ownership transferred.

We as surveyors have to be especially careful in these situations, and you should be as well. Just because you have title to a property, does not mean the other person does not own it. If you cross that fence, if the surveyor crosses that fence, you and or the surveyor could be committing trespass EVEN IF YOU HAVE TITLE.

This is what makes knowing where your property line is, so important. If you do not have corners you can find, and a map showing those corners, and you have neighbors, then you probably need a survey. Ask any parent, ten years goes by in a blink of an eye. If you do not maintain your boundaries, you could be paying taxes on property you don’t even own any more.

“How Much Does a Land Survey Cost? [2024 Data]”

Written by Em Norton, found on Angi.com, retrieved on October 22nd, 2024

- Or what I like to call, A well written fantasy!

TLDR F- - (yes, F minus minus), The article is actually well written, and I think Em did a great job with what they had, but all of the price quotes are garbage. GIGO, Garbage in, Garbage out.

Full disclosure, at a previous company, I tried to work with Angi’s list. I knew it would be painful, but I also knew how they generated the numbers they used. I told them repeatedly, I wanted to work with Angi’s developers to help improve the listing of surveying services, to give them good data. They basically said yeah, sounds great, and then nothing. Total lip service.

See my previous blog about factors that impact surveys and costs.

Haven spoken to one of the author’s they occasionally contract to write this article, I know they give them the data collected on their website, and then tell them to update the article. I know a version of this article has been around since at least 2006, and it has been a running joke in the surveying community from Tennessee to Washington state, and I am sure everywhere else.

Here I am going to correct the tabular data used, and leave the article alone. Why is there data wrong do you ask? Because they 1, have too few data points, 2, the services listed on the request form are not always relevant or accurate, and 3, a potential client thinks they need a record of survey, but I suspect most that are “successful” sales are in fact corner recoveries. A corner recovery is where a surveyor finds your existing recorded corners, not determine boundaries and set new or replacement corners. A corner recovery is vastly less expensive, but only possible in limited circumstances. (If you would like to know if yours is one, please give me a call!)

Price range tool, set for my Zip Code (98310) shows average of $1,123, Low of $700, and High of $1,500. I would 100% agree with this, if they were talking a corner recovery. For a Boundary Survey, I would estimate it at average of $2,800, Low of $1,800 and a High of about $5,000. I am using a MODE average, not MEAN.

OK, first table, Size

Angi’s Numbers Actual Surveyors numbers

Property Size Cost Property Size Cost

1 acre $200 – $500 1 acre $2,500 – $5,000

5 acres $1,000 – $2,500 5 acres $3,500 – $8,500

10 acres $2,000 – $5,000 10 acres $4,000 – $15,000

Remember, see my other blog for the factors that impact cost, these are just rough estimates, but there are so many factors that can move those numbers up or down.

OK, Second Table, Type of Survey

Angi’s Numbers Actual Surveyors numbers

Type of Survey Cost Type of Survey Cost

Boundary Survey $100 – $600 Boundary Survey $2,500 – $5,000

Topographic Survey $500 – $1,200 Topographic Survey $3,500 – $8,500

Mortgage Survey* $500 “I do not think that means what you think it means”

Fence Land Survey** $250 – $1,000 Fence Land Survey $1250 – $1,500

As-Built Survey*** $800 – $1,200 As-Built Survey $3,500 – $8,500

ALTA Survey $1,200 – $3,000 ALTA Survey $2,500 – $5,000+

Subdivision Survey $300 – $1,000 Subdivision Survey $5,000 – $10,000+

New Construction Survey $400.– $1,800 New Construction Survey $1,500– $????

*As far as I know, a “Mortgage Survey” is an ALTA (American Land Tittle Association) Survey, which is sometimes called a super survey, and they are NEVER cheap. They are usually required by banks lending on multi-million dollar properties.

** Fence Land Survey, this would typically fall under a corner recovery. When you have corners (maybe you don’t know where they are, or maybe you cant see between them) and you have a survey company mark them, and stake a proposed fence line location between them.

*** an As-Built Survey is typically required after construction of a subdivision infrastructure or commercial building. For the average home owner, what they need similar to that is a topographic survey, and it is typically used by design professionals to help plan out building on a site, or modifications to an existing one.

Subdivision surveys are for dividing land into smaller lots. Where I live and work, it requires a great deal, including multi page maps that are submitted to the review authority (city or county.) Not your average survey, nor simple by any means and requires many hours in the office and the field. This could be for dividing a lot into two lots, or taking a 110+ acre lot and dividing it into hundreds of new lots.

New construction surveys should not be in here. Construction companies call for this service, and if they are using Angi’s list, find your self a different builder. These can be for a single house, a 500 lot subdivision, or an amazon warehouse.

I can’t give location information for anywhere other than my little corner of Western Washington, but I hope the above helps.

P.S. I did notice that Angi’s now has a place to email quotes to Angi’s for them to improve their prices, I might just have to cc them every time.

“Here’s What to Expect When Surveying Your Home’s Property Lines”

a “Story” by Kristine Gill, found on MSM.com, retrieved on October 22nd, 2024

- Or what I like to call, An article that does not say what you would expect!

TLDR D+, gives some good information, but most of this article is quotes from people that don’t really know anything about Land Surveying.

The initial tag line claims it will tell you the types of projects that REQUIRE (emphasis added) property line surveys, and what to do when problems arise.

First and foremost, no article on the internet will definitively tell you when a survey is required. Only local and state (in the U.S. at least) regulations and code will tell you that. Sadly, in most states I am aware of, a survey is almost NEVER required. Having said that, it is ALWAYS a good idea to know where your property (boundary is a more correct term generally) lines are located. But you should consider contacting a surveyor any time you are doing improvements (walls, fence, decks etc.) near a property line, or if you do not know where they are at all.

The first person the author quotes, is a roofer, not someone who normally worries about property lines. By the time the roofer is involved, if the house in the wrong place, the damage is done! Why did the author not get input from say… a land surveyor maybe?

Ok, moving on. The article then addresses Boundary Surveys, and they say it is the most common, and hey they are RIGHT! But then they go on to tell you what it isn’t. Because that is helpful, right? Oh yeah, maybe because the person they are quoting now, again, is not a surveyor, he is from a landscaping firm. Well, it has land in the title, that is good enough, right?

So, what is a Boundary Survey? A Boundary Survey shows your parcel boundaries, and in most places, any evidence of potential adverse possession (a unwritten ownership right) into the property. This is EXTREMELY important. Boundary Survey’s should also show ties to existing controlling monuments for your property. Both on your property, and typically to street or section monuments (in the non colonial states) that could be a mile or more away.

“Property surveys are typically conducted when a home is bought or sold” wait, I thought we were talking about boundary surveys, well they are, they just can’t keep the name straight. How I wish this statement was true. While it may be true is some states (I have heard Texas, but do not know first hand) may require it, the vast majority (I believe) do not.

Cost! We finally get to cost, the article quotes our landscaper as saying it should cost between $500 and $2000. My survey crew bills out at $150 and hour, and that is just part of the work, there is the research, review of the field work, drafting the survey. project management etc. Remember the adage you get what you pay for? Doubly so in the survey world. Twenty-two years ago, in Biloxi Mississippi I worked for a land surveyor that did boundary surveys for about that price, but he had a system he had spent years developing to be able to do that. He was an exception.

2024, you should expect to pay anywhere from $2,500 to $5,000 on average for a boundary survey. That is modified by cost of living in your area, size of your lot, steepness or overall difficult terrain of your lot, when your lot was created, how your lot was created, and if it has ever been surveyed before.

They also say a survey can take a few hours to conduct. This is partially true, but look at the factors above, they all can add time. Most surveys take about 4 hours of field time for the initial visit, and often times, a few hours off site collecting controlling monument evidence.

“The Value of a Survey” is our next section. There is some good information here, but the true value, what they do not address here, is that the boundary survey PROTECTS THE LAND. It is what prevents someone else from using your land, and eventually, possibly owning that portion they are using.

Oh, by the way, the article is now back to quoting our roofer.

“When problems arise” talks about the need for a boundary survey, I agree! However, what would help even more, talk to a surveyor BEFORE you buy a property. Boundary disputes happen over time, not over night (usually). Having a surveyor look at your property before you buy it can potentially save you from headache and financial damages. In my home state, and I imagine it is the same in all 50 states, a surveyor must be impartial. Our professional opinion is not impacted by if you are going to buy the property or not.

The final section is “How to Dispute Survey Results.” Surveyors are people, we get stuff wrong too, but like I said, we have to be impartial. If you believe an error was made, talk to your surveyor. If you still feel there is an error, ask another surveyor to review the work. Get a second opinion. Then if you still believe it is wrong, contact your state board, each state has one, and they have a complaint process.