Have you ever wondered about the squatting laws in Washington? Do squatters have rights in Washington? Well, you’ve come to the right place to find out!
Washington’s law allows squatters to potentially become legal owners (through adverse possession). This requires uninterrupted occupation of the property. The time needed depends on whether they have a “color of title” (a document suggesting ownership, even if incorrect). With color of title, it’s 7 years. Otherwise, it’s 10 years.
If you’re a property owner in Washington, you may be wondering how to avoid squatters from taking over your property. There are several steps you can take to protect your property from squatters, including securing your property, keeping it well maintained, and being vigilant about any signs of squatting.
By taking proactive measures, you can prevent squatters from gaining a legal foothold on your property.
What are Squatters Rights in Washington?
In Washington, squatters’ rights refer to the legal principle of adverse possession, which allows individuals to gain ownership of a property through continuous and open occupation for at least 10 years continuously. This jumps to 7 years if they have “color of title”, even if is false.
However, this does not apply to properties with a valid title and owner, and certain conditions must be met for squatters to make a claim.
In Washington, squatters rights are governed by specific statutes and case law, which provide guidelines for how a squatter may establish legal rights to a property.
Requirements for Squatters Rights in Washington
In Washington, the requirements for establishing squatters rights include continuous and open occupation of the property for a specified period of time, typically at least ten years. This jumps to 7 years if they have “color of title”, even if is false.
The squatter must also demonstrate that their occupation was exclusive, meaning that they have acted as the sole occupant of the property without sharing possession with the owner or others.
Proving Adverse Possession
To establish squatters rights in Washington, the individual must prove that their occupation of the property meets the legal requirements for adverse possession.
This may include providing evidence of continuous use and maintenance of the property, as well as demonstrating that the occupation was hostile, meaning that it was without the owner’s permission.
Additionally, the squatter must show that they have paid property taxes on the land during the required period.
Actual Possession
Squatters must physically possess the land and use it as a true owner would, such as maintaining the property, paying property taxes, and making improvements.
Open and Notorious Possession
The occupier’s use of the land must be visible and obvious to anyone with a reasonable legal understanding. This ensures that the true owner has notice of the adverse possession claim.
Hostile Possession
The occupying party must possess the land against the interests of the true owner. This does not necessarily imply animosity, but rather an assertion of ownership.
Exclusive Possession
The occupation must be exclusive, meaning that the squatter cannot share possession with the true owner or the public.
Continuous Possession
The squatter must occupy the land continuously for a period of 10 years without interruption, providing evidence to support this claim.
By meeting these requirements, squatters in Washington can pursue a legal claim for adverse possession.
Notifying the Property Owner
In Washington, the squatter must take steps to notify the property owner of their adverse possession claim, typically through written notice.
If the owner challenges the squatter’s claim, the burden of proof is on the squatter to demonstrate that they have met all the legal requirements for adverse possession.
Legal Implications and Considerations
It is important to note that squatters rights in Washington can be a complex and contentious legal issue. Property owners should be aware of their rights and obligations regarding property occupation, while squatters should seek legal advice before attempting to make an adverse possession claim.
It is also important for both parties to understand the potential legal implications and considerations associated with squatters rights in Washington.
The law regarding squatters’ rights in Washington state is based on the concept of adverse possession. Here’s the relevant information:
Legal Code: Revised Code of Washington (RCW)
Specific Chapters:
RCW § 7.28.085: Establishes the general requirements for adverse possession claims.
RCW § 7.28.050: Defines the concept of “color of title.”
RCW § 7.28.70: Specifies the time requirements for adverse possession claims (10 years or 7 years with color of title).
Squatting vs. Trespassing in Washington
Squatting is the act of unlawfully occupying an uninhabited building or unused land without the owner’s permission.
While Trespassing, on the other hand, is entering someone else’s property without authorization or staying on the property after being asked to leave.
Penalties for Squatting in Washington
In the state of Washington, squatting is considered a criminal offense. It is classified as a misdemeanor, punishable by up to 90 days in jail and a fine of $1,000. Additionally, squatters may be liable for damages caused to the property during their unlawful occupation.
Penalties for Trespassing in Washington
Trespassing in Washington is also considered a criminal offense. Depending on the circumstances, it can be charged as either a misdemeanor or a gross misdemeanor.
Misdemeanor trespassing is punishable by up to 90 days in jail and a fine of $1,000, while gross misdemeanor trespassing can lead to up to 364 days in jail and a fine of $5,000.
How to Evict Squatters in Washington
In Washington, squatters have certain rights, including the right to due process and the right to a hearing before they can be evicted.
This means that you cannot simply throw squatters out of your property without following the proper legal procedure. These steps include:
- Serve a Notice to Vacate: The first step is to serve the squatters with a written notice to vacate the property. This notice must be served in person or by certified mail, return receipt requested.
- File a Complaint for Unlawful Detainer: If the squatters refuse to vacate the property after receiving the notice, you must file a complaint for unlawful detainer in the district court in the county where the property is located.
- Attend a Court Hearing: A court hearing will be scheduled to determine whether the squatters are unlawfully occupying your property. You will need to present evidence to support your claim, such as proof of ownership and the notice to vacate.
- Obtain a Writ of Restitution: If the court rules in your favor, you will be granted a writ of restitution. This document orders the sheriff to remove the squatters from the property.
- Enforce the Writ of Restitution: The sheriff will then enforce the writ of restitution by physically removing the squatters from the property. This process can take several days or even weeks, depending on the circumstances.
Alternative Dispute Resolution Methods
In some cases, it may be possible to resolve the situation with squatters without resorting to legal action. Alternative dispute resolution (ADR) methods, such as mediation or arbitration, can be helpful in reaching a mutually agreeable solution. ADR can be less costly and time-consuming than going to court.
How to Protect Your Property from Squatters in Washington
Here is the step by step process to protect your property from squatters in Washington:
Know the Law
In Washington, squatters’ rights are governed by the doctrine of adverse possession. This doctrine allows a person who occupies and uses another person’s property openly, notoriously, exclusively, and continuously for a period of 10 years to gain title to the property.
Post “No Trespassing” Signs
One of the best ways to deter squatters is to post “No Trespassing” signs on your property. These signs should be placed in conspicuous locations around the perimeter of your property and should be large enough to be easily seen.
Secure Your Property
You should also take steps to secure your property from squatters. This includes boarding up windows and doors, installing security cameras, and keeping your property well-maintained.
Document Any Encroachment
If you discover that someone has encroached on your property, you should immediately document the encroachment. This includes taking photographs of the encroachment, keeping a record of any communications you have with the squatter, and filing a police report.
Take Legal Action
If you are unable to resolve the situation with the squatter amicably, you may need to take legal action. This may involve filing a lawsuit to evict the squatter or filing a quiet title action to establish your ownership of the property.
How Much Does it Cost to Evict a Squatter in Washington
Washington state law provides a legal process for property owners to remove squatters from their property. The cost of eviction can vary depending on the circumstances of the case, but there are some general costs that are typically involved.
| Action | Cost |
| Filing fee | $45 |
| Service of court summons | $10, plus mileage |
| Answer filing fee | $112 |
| Service of writ of possession | With aid of county: $40, plus $30 for each hour after the first hour Without aid of county: $25, plus mileage |
| Execution of writ of possession | $30 per hour, plus mileage |
| Legal fees | $500-$10,000 |
| Average locksmith fees | $160 |
| Storage fees for abandoned property | Varies |
| Tenant turnover costs | Varies |
Filing Fees
The first step in the eviction process is to file a complaint with the court. The filing fee for an eviction complaint in Washington is $112. In addition, there may be other fees associated with the filing, such as a process server fee or a sheriff’s fee.
Attorney Fees
If you choose to hire an attorney to represent you in the eviction process, you will need to pay attorney fees. The cost of attorney fees can vary depending on the attorney’s experience and the complexity of the case.
However, you may be able to find an attorney who is willing to work on a contingency basis, which means that you will only pay fees if you win your case.
Court Costs
In addition to the filing fees and attorney fees, you may also be responsible for other court costs, such as witness fees, expert witness fees, and court reporter fees. The amount of these costs will vary depending on the specific circumstances of your case.
Other Costs
There may also be other costs associated with the eviction process, such as the cost of moving the squatter’s belongings, the cost of repairing any damage to the property, and the cost of lost rent. These costs can vary depending on the specific circumstances of your case.
The total cost of evicting a squatter in Washington can vary significantly depending on the circumstances of the case. However, by being aware of the potential costs involved, you can better prepare for the eviction process.
How To Claim Squatters Rights In Washington
To successfully claim squatters’ rights in Washington, you must meet specific legal requirements known as adverse possession. In Washington, the time period required for adverse possession is 10 years.
Evaluating the Property
Before attempting to claim squatters rights in Washington, it is important to carefully evaluate the property in question.
Verify the property boundaries and conduct research to determine if the property is indeed abandoned or neglected. It is also crucial to gather evidence of continuous and exclusive use of the property for the statutory period.
Notifying the Property Owner
In Washington, it is a requirement to notify the property owner of your intent to claim squatters rights. This can be done by sending a certified letter to the owner, stating your claim and the basis for it.
The letter should also include a request for permission to continue occupying the property during the statutory period.
Filing a Lawsuit
If the property owner does not respond to the notification or disputes the claim, it may be necessary to file a lawsuit to obtain legal recognition of the squatters rights.
Seeking legal counsel is highly recommended in this situation, as the laws regarding adverse possession can be complex and vary from state to state.
Obtaining Legal Counsel
Navigating the process of claiming squatters rights in Washington can be challenging, and having the guidance of a knowledgeable attorney is invaluable.
An experienced real estate attorney can assist in gathering evidence, drafting necessary documents, and representing your interests in court if the need arises.
By following these steps and understanding the intricacies of squatters rights in Washington, individuals may be able to successfully claim ownership of a property through adverse possession.
It is important to note that the laws surrounding squatters rights are subject to change, and seeking professional legal advice is always advised.
FAQs about Squatters Right in Washington
Here are some of the most asked questions.
What are the requirements for establishing squatters’ rights in Washington?
To establish squatters’ rights in Washington, a person must:
- Possess the property openly, notoriously, exclusively, and continuously for 10 years.
- Pay all property taxes and assessments during the 10-year period.
- Make improvements to the property that are substantial and permanent.
- Not abandon the property at any time during the 10-year period.
What is the process for establishing squatters’ rights in Washington?
To establish squatters’ rights in Washington, a person must file a petition with the superior court in the county where the property is located. The petition must include a legal description of the property, a statement of the facts that support the claim of adverse possession, and a request for a judgment quieting title to the property in the name of the petitioner.
What are the defenses to a claim of squatters’ rights in Washington?
There are several defenses to a claim of squatters’ rights in Washington, including:
- The property owner did not have notice of the adverse possession.
- The adverse possessor did not possess the property openly, notoriously, exclusively, and continuously for 10 years.
- The adverse possessor did not pay all property taxes and assessments during the 10-year period.
- The adverse possessor did not make improvements to the property that were substantial and permanent.
- The adverse possessor abandoned the property at some point during the 10-year period.
What are the consequences of establishing squatters’ rights in Washington?
If a person successfully establishes squatters’ rights in Washington, they will gain legal title to the property. This means that they will have the right to possess, use, and enjoy the property, and they will be able to sell or transfer the property to another person.
How Long to Get Squatters Rights in Washington State
The minimum occupancy to claim squatters rights is:
- 10 years continuously and openly
- 7 years with “color of title”
Do We Have Squatters Rights in Spokane, Washington?
Yes, Washington state recognizes squatters’ rights (adverse possession) and the same rules apply throughout the state, including Spokane.
How to Fight Squatters Rights in Washington State (as a property owner)
- Act quickly upon discovering squatters.
- Serve a written notice to vacate the property.
- File a complaint for unlawful detainer in court if squatters refuse to leave.
- Consider alternative dispute resolution methods like mediation or arbitration.
Does Washington State Recognize Squatters Rights?
Yes, Washington state recognizes squatters’ rights through adverse possession.
What Rights Do I Have if Squatters Are Living on My Property?
You have the right to take legal action to evict the squatters through the court system.
Conclusion: Squatters Right in Washington
We have discussed “What are Squatting Laws in Washington? Do squatters have rights in Washington?”. We found that Washington State recognizes adverse possession as a way for squatters to gain legal title to real property. We also learned that there are specific requirements that must be met in order to establish an adverse possession claim.
We talked about “How to avoid squatters in Washington?”. We provided some tips on how to prevent squatters from taking possession of your property. These tips included keeping your property well-maintained, posting “No Trespassing” signs, and installing security cameras.
We also discussed the importance of taking legal action as soon as possible if you discover that someone is squatting on your property.
We have shared tips on Squatters, Adverse Possession Claim, how to get rid of squatters, etc. We hope that this information has been helpful.
Additional Notes:
The information provided in this guide on Squatters Rights in Washington State is intended for general informational purposes only and should not be construed as legal advice. Laws regarding squatters’ rights and adverse possession can be complex and may change over time.
