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.