Washington Statewide Rule
Washington Adverse Possession (Squatters' Rights)
Key Facts
- Standard period
- 10 years of possession (RCW 4.16.020)
- Color of title + taxes
- 7 years if taxes paid (RCW 7.28.070)
- Required nature
- Actual, open, notorious, exclusive, hostile, continuous
- Tax payment
- All assessed taxes for the 7-year path
- Successors
- May tack possession and continue tax payments
Summary
Washington's general adverse possession period is 10 years under RCW 4.16.020, requiring possession that is actual, open and notorious, exclusive, hostile, and continuous. A shorter 7-year period applies under RCW 7.28.070 when the occupant holds under good-faith color of title and pays all taxes legally assessed on the land for those seven years.
(6) A person who, without the permission of the owner and without having color of title thereto, enters upon land of another and who fails or refuses to remove therefrom after three days' notice, in writing and served upon him or her in the manner provided in RCW 59.12.040. Such person may also be subject to the criminal provisions of chapter 9A.52 RCW; or
Full Breakdown
RCW 4.16.020 bars an action to recover real property 'unless it appears that the plaintiff, his or her ancestor, predecessor or grantor was seized or possessed of the premises in question within ten years before the commencement of the action,' establishing the 10-year adverse-possession baseline (possession must be actual, open, notorious, exclusive, hostile, and continuous). RCW 7.28.070 provides a shorter route: anyone who, 'under claim and color of title, made in good faith,' shall 'for seven successive years continue in possession' and 'pay all taxes legally assessed' shall be 'adjudged to be the legal owner.' Successors who continue both possession and tax payment may complete the seven years. A squatter lacking these elements remains a removable trespasser.
Violations & Penalties
No specific statutory penalty. An occupant who fails to satisfy every element of RCW 4.16.020 or RCW 7.28.070 acquires no title and may be removed through ejectment or unlawful detainer (RCW 59.12.030 covers entry without permission or color of title); willful trespass may also carry criminal liability.
Frequently Asked Questions
How long must a squatter possess Washington property to claim it?
Does paying property taxes shorten adverse possession in Washington?
Sources
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