Simonson v. Veit

Defendants Herbert and Marilyn Veit (the Veits) appeal the trial court order granting plaintiff Hilmer Simonson a prescriptive easement across their property and enjoining them from obstructing the easement, arguing that the 10-year period was not met because the State was title owner for part of that time. Because adverse possession may not be asserted against the State, we reverse the trial court decision and dismiss the case.

Simonson lives on lot 16 next to the Veits who occupy lot 17. (See diagram.) Before 1968, lots 1, 2, 3, and 4 were owned by the State of Washington. For a number of…