John W. Lebleu, et ux v. David W. Aalgaard, et ux
Court of Appeals of Washington
1ConcurrenceFearing, J.
¶28 (concurring) — I concur in the ruling and the rationale behind the ruling of the majority. I write separately to encourage the state legislature or state high court to renovate and simplify Washington’s doctrine of adverse possession. Adverse possession suffers from archaic and confusing terms. Through the years, the doctrine has garnered a proliferation of inconsistent and overlapping elements.
¶29 As illustrated by this appeal, few legal doctrines cause more confusion than the doctrine of adverse possession. This confusion arises from a dogmatic attachment to a four-part test by…
2Cases cited26 opinions
- Chaplin v. SandersWashington Supreme Court · 1984
- Lilly v. LynchCourt of Appeals of Washington · 1997
- ITT Rayonier, Inc. v. BellWashington Supreme Court · 1989
- Gorman v. City of WoodinvilleWashington Supreme Court · 2012
- Kunkel v. FisherCourt of Appeals of Washington · 2001
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