Under the doctrine of adverse possession, a person may acquire
legal title to another's land if they use another's
land for at least ten years in a manner that is (1) hostile, (2)
actual and uninterrupted, (3) open and notorious, and (4)
exclusive. In some situations, a property owner will knowingly or
unknowingly use another's land in a manner that otherwise
meets the elements of adverse possession, save for less than the
requisite ten years, before selling or conveying their property. If
a subsequent owner continues with the same use of another's
land, the question becomes whether the ten-year clock resets or
simply continues as if no change in ownership occurred.
Washington courts have resolved the question in favor of the
party claiming adverse possession through their own use of
another's land and their
predecessor's use of another's land pursuant to the
legal principle of “tacking.” Consistent with one of
the primary purposes of adverse possession—to ensure
