Squatters Rights Washington Summary
Statutory Period
10 years of continuous possession
Primary Statute
Washington Revised Code § 7.28.010 to § 7.28.120
Additional Requirements
- Open, notorious, exclusive, and hostile possession
- Actual and uninterrupted possession for 10 years
- Protection of substantial enclosures or cultivation
- Payment of property taxes (strengthens claim but not always required)
Squatters Rights 30 Days Washington
Origins of the 30-Day Myth in Washington
- Confusion with tenant laws: Washington's landlord-tenant laws provide specific protections to legal tenants, including notice requirements before eviction. These do not apply to unauthorized occupants.
- Misunderstanding of adverse possession: The actual statutory period for adverse possession in Washington is 10 years, not 30 days.
- Eviction process timelines: The time it takes to legally remove unauthorized occupants through the court system may create the impression that squatters have legal rights after a short period.
Washington's 2025 Squatter Removal Process
Washington law provides property owners with several options to remove unauthorized occupants:
- Property owners can request law enforcement assistance in removing trespassers through Washington's criminal trespass laws
- For situations requiring court action, Washington offers a specialized forcible entry and detainer process
- Property owners must provide proof of ownership such as a deed or proper documentation
- As of 2025, Washington has strengthened trespassing penalties and clarified removal procedures
Important 2025 Update: Washington has clarified its trespassing laws to better address squatting situations, with amendments to RCW 9A.52.070 and 9A.52.080 (criminal trespass) to more explicitly address unauthorized property occupation. Law enforcement can now more readily remove unauthorized occupants. For actual adverse possession in Washington, a claimant must occupy the property for 10 years continuously, not 30 days as commonly misunderstood.
Overview of Adverse Possession in Washington
Key information about squatter's rights in Washington
Washington follows a standard 10-year adverse possession period. The state places emphasis on the quality and nature of possession, with particular attention to the visible improvement or cultivation of the property.
Statutory Time Requirements
Washington requires a 10-year period for adverse possession:
- 10 years: Standard adverse possession period (RCW 4.16.020)
- 7 years: If possessor has color of title AND has paid property taxes (RCW 7.28.070) - typically for boundary disputes
Reference: Revised Code of Washington
Common Law Elements
To establish adverse possession in Washington, the following elements must be proven:
- Actual: Physical occupation of the property
- Hostile: Possession without the owner's permission
- Exclusive: Using the property as if the possessor were the owner
- Open and Notorious: Visible use that would be obvious to the true owner
- Continuous: Uninterrupted possession for the entire 10-year period
Washington's Approach to Boundary Disputes
Washington has developed specific doctrines for boundary disputes:
- Mutual Recognition and Acquiescence: When neighbors treat a boundary as accurate for 10+ years
- Doctrine of Practical Location: When a boundary is marked and respected for the statutory period
- Estoppel: When a property owner's actions lead another to reasonably believe in a boundary
- Agreement: Express or implied agreements about boundaries
- Line of Sight Rule: Applied in cases involving fences and natural landmarks as boundaries
These doctrines reflect Washington's emphasis on settled expectations and actual land use over time.
Washington Adverse Possession Statutes
RCW 4.16.020. Actions to be commenced within ten years — Recovery of real property
The period prescribed for the commencement of actions shall be as follows:
Within ten years:
(1) For actions for the recovery of real property, or for the recovery of the possession thereof; and no action shall be maintained for such recovery 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.
RCW 7.28.070. Adverse possession under color of title — Payment of taxes
Every person in actual, open and notorious possession of lands or tenements under claim and color of title, made in good faith, and who shall for seven successive years continue in possession, and shall also during said time pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession, by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section.
RCW 7.28.050. Rights inure to heirs, devisees and assigns
The right of a person to the possession of real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.
Important Legal Notes
- Washington courts have developed the concept of "objective manifestation" - requiring clear, visible signs of possession.
- Under Washington law, multiple periods of adverse possession may be "tacked" together if there is privity between successive occupants.
- Adverse possession claims in Washington must be initiated by filing a quiet title action.
- Washington specifically exempts all government-owned lands from adverse possession claims.
- The Washington Supreme Court has established that the hostility element can be satisfied by mistaken belief about property boundaries.
Key Washington Adverse Possession Cases
Chaplin v. Sanders (1984)
This landmark case established that the "hostility" element in Washington does not require ill will or intentional trespass. The Washington Supreme Court clarified that "hostile" possession simply means the claimant is occupying the property without the true owner's permission and under a claim of right, treating the land as their own rather than in subordination to the true owner.
Gorman v. City of Woodinville (2017)
The Washington Court of Appeals emphasized the "open and notorious" requirement, stating that possession must be so visible and apparent that it would give notice to a reasonably diligent owner. The court held that merely maintaining landscaping was insufficient where the disputed area appeared to be part of a public area.
Ofuasia v. Smurr (2009)
This case addressed the "actual and uninterrupted" element, with the court finding that seasonal use consistent with the nature of the property can satisfy the continuity requirement. For example, using a recreational property only during summer months may be sufficient if that's how a typical owner would use the property.
Lamm v. McTighe (2005)
In this boundary dispute case, the Washington Supreme Court applied the doctrine of mutual recognition and acquiescence, holding that when adjoining landowners treat a certain line as the boundary for the statutory period (10 years), that line becomes the legal boundary even if a survey later shows it to be incorrect.
Washington Adverse Possession Procedures
Making an Adverse Possession Claim
To establish adverse possession in Washington, a claimant typically must:
- File a quiet title action in the superior court of the county where the property is located
- Provide evidence meeting the 10-year requirement under RCW 4.16.020
- Demonstrate that possession was actual, open, notorious, exclusive, hostile, and continuous
- Present evidence such as witness testimony, photographs, surveys, and documentation of improvements
- Be prepared to address any evidence of permissive use or interruption of possession
- Obtain a court judgment granting legal title to the property
Following a successful quiet title action, the claimant should record the judgment with the appropriate county auditor's office to establish clear title to the property.
Defending Against Squatters
Washington property owners can protect against adverse possession claims by:
- Regularly inspecting property boundaries
- Posting "No Trespassing" signs around the property perimeter
- Maintaining accurate property surveys and documentation
- Providing written permission for any allowed use of the property
- Keeping property tax payments current
- Taking legal action against unauthorized users before the statutory period expires
- Documenting property visits and inspections
- Considering a property management service for vacant properties
Any action that interrupts the continuity of possession will restart the statutory period and prevent an adverse possession claim from maturing.
Removing Squatters
Washington provides property owners with several options for removing unauthorized occupants:
- Law Enforcement Assistance: For clear cases of trespassing, property owners can request immediate assistance from law enforcement to remove unauthorized occupants under Washington's criminal trespass laws (RCW 9A.52.070 to 9A.52.090).
- Forcible Entry and Detainer: This is Washington's eviction process for removing unauthorized occupants:
- File a complaint for forcible entry and detainer with the justice court
- Attend the hearing (typically scheduled within 5-10 days)
- Obtain a writ of restitution if the court rules in your favor
- Have the constable execute the writ to remove the squatters
- Criminal Trespass Charges: In many cases, property owners can pursue criminal trespass charges against squatters under RCW 9A.52.070 to 9A.52.090.
Important: Washington law prohibits "self-help" evictions such as changing locks, removing doors, or shutting off utilities. Property owners must follow legal procedures to remove occupants or risk civil and criminal liability.
Frequently Asked Questions
How long must someone occupy my property in Washington to claim adverse possession?
In Washington, there are two timeframes for adverse possession: 10 years under the standard claim, or 7 years if the claimant has color of title and has paid property taxes during that period. The "30-day squatter's rights" claim is a myth - no one can gain ownership rights to your property after just 30 days of occupation.
What constitutes "cultivation" in Washington's varied maritime and semi-arid environment?
Washington courts interpret "cultivation" broadly based on the nature and character of the land. In Washington's varied maritime and semi-arid environment, this can include traditional agricultural uses, landscaping, garden maintenance, tree planting, brush clearing, installing fencing, building structures, creating walkways, or other improvements appropriate for the specific type of property. The courts take a practical approach that evaluates whether the use is consistent with how a typical owner would use similar land in the region.
What is "color of title" in Washington adverse possession law?
In Washington, "color of title" refers to a written document (such as a deed, will, or other instrument) that appears to give the possessor ownership rights to the property but contains some legal defect. Having color of title along with paying property taxes reduces the required adverse possession period from 10 years to 7 years in Washington.
Can I legally remove squatters from my property in Washington?
Yes, but you must follow legal procedures. For clear cases of trespassing, you can request immediate law enforcement assistance under Washington's criminal trespass laws. In other cases, you must use Washington's forcible entry and detainer process, similar to an eviction. "Self-help" methods like changing locks or cutting off utilities are illegal in Washington and could result in liability for the property owner.
Can someone claim adverse possession against government-owned land in Washington?
No. Washington law specifically exempts land owned by the state of Washington, the federal government, counties, cities, and other public entities from adverse possession claims. This is particularly significant in Washington, where a large percentage of land is publicly owned.
Can trespassers gain rights to my property after 30 days in Washington?
No. This is a common misconception. In Washington, adverse possession requires either 10 years (standard) or 7 years (with color of title and tax payment) of continuous, open, notorious, exclusive, and hostile possession. Short-term occupancy (whether 30 days or even several months) does not establish any ownership rights through adverse possession in Washington.