squatters rights seattle

Squatters Rights in Seattle: What You Need to Know

Squatters rights, technically known as adverse possession, exist in Seattle, Washington, but claiming them isn’t a simple process. A squatter must occupy a property openly, continuously, and exclusively for a specific period to potentially gain legal ownership. Washington state law outlines these requirements, including paying property taxes in some cases, making it a challenging path for squatters to succeed.

What are Squatters Rights (Adverse Possession)?

Squatters rights, or adverse possession, refer to a legal principle where someone who occupies a property without the owner’s permission can potentially gain legal ownership of it. This isn’t a free pass to steal land; it’s based on the idea that land should be used productively, and if an owner neglects their property for a long period while someone else maintains it, the law may favor the possessor. Understanding the specifics of adverse possession requires careful examination of state laws.

Requirements for Adverse Possession in Washington State

Washington State law sets specific requirements for a squatter to claim adverse possession. These generally include:

• Actual Possession: The squatter must physically occupy the property.
• Open and Notorious Possession: The occupation must be obvious to anyone, including the actual owner, indicating a clear intention to claim the property. Hiding the occupancy negates this requirement.
• Exclusive Possession: The squatter must possess the property to the exclusion of others, including the true owner. Sharing the property with others weakens the claim.
• Hostile Possession: This doesn’t necessarily mean violent. It means possessing the property without the owner’s permission or legal right.
• Continuous Possession: The squatter’s possession must be uninterrupted for a statutory period. In Washington, this is generally 10 years, but it can vary depending on whether property taxes are paid by the squatter.
• Payment of Property Taxes (Potentially): Washington law ( RCW 7.28.070) requires that the squatter pay all real estate taxes assessed on the property for seven successive years if they are claiming ownership based on color of title (a good faith belief they own the property). Without color of title, the standard 10-year requirement typically applies, but paying property taxes can strengthen a claim.

You can learn more about adverse possession on Wikipedia.

Removing a Squatter in Seattle

If you own property in Seattle and find a squatter, you cannot simply remove them by force. Instead, you must follow the legal eviction process. This involves serving the squatter with a notice to vacate, and if they don’t leave, filing an unlawful detainer lawsuit (eviction lawsuit) in court. It’s crucial to follow the proper legal procedures to avoid potential legal repercussions. Ignoring the legal eviction process can result in legal challenges from the squatter.

Why Squatters Rights Exist

The rationale behind adverse possession laws stems from the idea that land should be actively used and developed. If a property owner neglects their land for an extended period, allowing someone else to occupy and maintain it, the law may favor the possessor who is making productive use of the land. This encourages responsible land ownership and discourages abandonment.

Frequently Asked Questions (FAQs)

Can a squatter legally own my property in Seattle?

Yes, it is possible, but difficult. The squatter must meet all the requirements for adverse possession under Washington law, including continuous, open, exclusive, and hostile possession for the required time, and potentially paying property taxes.

How long does it take for a squatter to claim rights in Washington State?

Generally, 10 years of continuous possession is required. However, if the squatter has “color of title” and pays property taxes, the period can be reduced to 7 years.

What is the difference between a squatter and a tenant?

A tenant has permission to be on the property, usually through a lease agreement. A squatter occupies the property without the owner’s permission.

What should I do if I find a squatter on my property?

Do not attempt to remove them yourself by force. Serve them with a notice to vacate and, if they don’t leave, file an unlawful detainer lawsuit (eviction lawsuit) in court.

Does changing the locks on a property prevent squatters rights?

Changing the locks without following proper eviction procedures might be illegal and could lead to legal action against you. You must follow the legal eviction process to remove a squatter.

Summary

Squatters rights, or adverse possession, in Seattle are governed by strict Washington state laws. A squatter must meet specific criteria, including open, continuous, exclusive, and hostile possession for a substantial period (usually 10 years, sometimes 7 with property tax payments), to potentially claim ownership. Property owners should act promptly and legally if they discover a squatter to protect their property rights.