Adverse Possession Laws Washington
A squatter is an individual who lives on a property without the owner’s consent, typically without paying rent. They often occupy homes involved in foreclosure or properties that are abandoned or unoccupied.
In Washington state, squatters can potentially claim ownership of land or property through adverse possession, a legal concept allowing ownership if specific requirements are met.
To prevent losing property ownership or dealing with an unwelcome squatter, it’s crucial to take action before the situation escalates. But what steps can you take to evict them in time? We’ll get to that and more in this blog.
Trespassers vs. Squatters: What’s the Difference?
Trespassers and squatters, while sharing some similarities in terms of unauthorized entry, are not necessarily the same. Typically, a trespasser forcibly enters someone else’s property through actions like breaking doors or windows. Conversely, a squatter enters a property through an unlocked entrance or without using force.
Additionally, trespassing is typically considered a criminal offense, while squatting is usually a civil matter. However, a squatter may be classified as a trespasser if the property owner communicates that they are not welcome.
Holdover Tenants: Are They Trespassers?
Holdover tenants are individuals who continue to occupy a rental property even after their lease has expired. Landlords facing this situation have two options:
Initiate an eviction process by serving the tenants with the appropriate eviction notice.
Allow the tenants to remain on the property at their discretion. In this scenario, the tenants continue to occupy the unit under the same terms and conditions, but they can be evicted without prior notice.
What Is Adverse Possession?
Squatters possess certain legal rights in Washington. State laws permit them to reside on another person’s property if the property owner does not take legal action to initiate the eviction process. Moreover, squatters can potentially claim full legal ownership of the real estate property through a legal doctrine called Adverse Possession.
But what exactly is Adverse Possession in Washington? Adverse Possession is a legal principle in property law that grants squatters ownership of another person’s property if they meet specific requirements.
To make a successful Adverse Possession claim, squatters must satisfy seven distinct requirements:
- Hostile Claim: The claim must be hostile.
- Actual Possession: Squatters must physically live on the property.
- Open and Notorious: Their occupation must be evident to anyone.
- Exclusive Possession: Squatters must exclusively possess the property.
- Continuous Possession: They must reside on the property for seven continuous years.
- Color of Title: Squatters need to have Color of Title (in the legal sense).
- Property Tax Payments: They must have paid property taxes for the seven years of occupation.
Color Of Title Status In Washington
If you’re researching squatters’ rights, you’ve likely encountered the term “color of title.” In legal terms, this concept signifies that property ownership is not considered “conventional” due to missing documents, registrations, or memorials.
Having color of title and meeting property tax obligations can potentially shorten the required continuous occupancy period in Washington. However, squatters must possess this document uninterrupted for seven years in such cases.
Seven Strategies for Landlords to Safeguard Against Squatters
Squatter’s rights laws may raise concerns about losing your property to a stranger without any compensation. However, adverse possession claims are infrequent in D.C., and there are steps you can take to prevent such situations. Here are some valuable tips for safeguarding your rental property from squatters:
- Maintain Occupancy: Keeping your rental properties consistently occupied can deter squatters. Holdover tenants, even after lease expiration, cannot make adverse possession claims. An occupied house is less vulnerable to unwelcome squatters.
- Regular Property Inspections: Frequent property inspections are essential to identify potential squatter issues, especially if your rental property will remain vacant for an extended period. Early detection simplifies the process of removing squatters.
- Enhance Property Security: Maximize property security by ensuring doors and windows are secure and well-maintained. Consider installing a security system, particularly if the property will be unoccupied for an extended duration.
- Serve Written Notices: When striving to regain possession of your property, serving a written eviction notice is a crucial step. Although eviction notices don’t directly apply to squatter laws, they can facilitate legal actions involving law enforcement and the courts.
- Contact the Police: While a squatter’s presence is generally not an emergency, contacting the police is advisable to document the situation. Although law enforcement may view tenancy disputes as civil matters, filing a report with the D.C. Metropolitan Police Department establishes the presence of an unwanted trespasser.
- Consult an Attorney: Engaging an attorney can assist you in navigating the necessary paperwork for reclaiming your property. In cases involving individuals who are not tenants and refuse to vacate, a Verified Complaint for Possession of Real Property–Form 1B is required to address violations of tenancy obligations.
Frequently Asked Questions
Do Squatters in Washington have to pay property taxes?
Yes, squatters in Washington can be required to pay property taxes if they wish to make an adverse possession claim. Payment of property taxes is one of the requirements for adverse possession in Washington. Squatters must demonstrate continuous occupancy and, among other conditions, pay property taxes for a certain period to potentially gain legal rights to the property.
What’s the Timeframe for Contesting an Adverse Possession Claim?
It’s advisable to initiate the process as promptly as possible because squatters in Washington can potentially expedite their adverse possession claim if they meet certain criteria, like paying property taxes and holding color of title.
Can I Safeguard My Property by Paying Property Taxes?
Absolutely! Paying property taxes serves as evidence of your legitimate ownership of the property.
Conclusion
As previously mentioned, adverse possession allows squatters to potentially gain ownership of someone else’s property. Yet, Washington’s laws on this matter differ somewhat from those in other states.
In Washington, individuals with color of title for seven consecutive years can file adverse possession claims before the usual required period. Moreover, landlords can pursue legal action against squatters for trespassing in specific situations.
